•NRLF 


REIZEN 


UEL  FRENCH,  28-30  West  38th  St.,  New  York 


ON   TRIAL 

A  Dramatic  Composition  in  Four  Acts 


BY 
ELMER    L.    REIZENSTEIN 

£  i  •          L        f?  i  &  ^ 

COPYRIGHT,  1919,  BY  SAMUEL  FRENCH. 


Duly  Copyrighted  in  1914,  in  the  United  States  of  America 
Dominion  of  Canada,  Great  Britain,  Australia,  New 
Zealand  and  South  Africa,  by  The  International  Copy 
right  by  ELMER  L.  REIZENSTEIN,  Author. 

ALL,   RIGHTS    RESERVED 

CAUTION: — Professionals  and  amateurs  are  hereby  warn 
ed  that  "ON  TRIAL"  being-  fully  protected  under  the 
copyright  laws  of  the  United  States,  is  subject  to 
royalty,  and  anyone  presenting  the  play  without  the 
consent  of  the  author  or  his  authorized  agents  will 
be  liable  to  the  penalties  by  law  provided.  Applica 
tions  for  the  amateur  acting  rights  must  be  made  to 
Samuel  French,  28-30  West  38th  Street,  New  York. 
Applications  for  the  professional  acting  rights  must 
be  made  to  the  American  Play  Company,  33  West  42cl 
Street,  New  York. 


NEW  YORK 
SAMUEL  FRENCH 

PUBLISHES 
28-30  WEST  38TH  STREET 


LONDOW 

SAMUEL  FRENCH,  Ln», 
26  SOUTHAMPTON  STREET 
STRAND,  W.  C.  2 


CANDLEB  THEATRE,  NEW  YORK  CITY, 
AUGUST  19TH,  1914 


COHAN  &  HARRIS  PRESENT 

(By  arrangement  with  Arthur  Hopkins) 


ON  TRIAL 

A  PLAY  IN  THREE  ACTS 


By 
ELMER  L.  REIZENSTEIN 

Staged  Under  the  Direction  of  Sam  Forreat 


V 


ON    TRIAL 


ORIGINAL  CAST  OF  CHARACTERS 

THE  DEFENDANT  ...............  Frederick  Perry 

His  DAUGHTER  .................  Constance  Wolf 

His  WIFE  ..........................  Mary  Ryan 

HER  FATHER  (Deceased)  ........  Thomas  Findlay 

THE  DEAD  MAN  ..............  Frederick  Truesdell 

His  WIDOW  .....................  Helene  Lackaye 

His  SECRETARY  ....................  Hans  Robert 

A  NEWS  AGENT  ...............  /.  Wallace  Clinton 

A  HOTEL  PROPRIETOR  .........  Lawrence  Eddinger 

A  PHYSICIAN  ......................  George  Barr 

A  MAID  .......................  Florence  Walcott 

A  WAITER  .........................  John  Adams 

THE  JUDGE  .......................  Frank  Young 

THE  DISTRICT  ATTORNEY  .....  ....  William  Walcott 

THE  DEFENDANT'S  COUNSEL  ........  Gardner  Crane 

THE  CLERK  .......................  John  Klendon 

THE  COURT  STENOGRAPHER  ..........  f.M.  Brooks 

THE  COURT  ATTENDANTS  ......  James  Herbert  and 

Charles  Walt 

THE  JURY 

Foreman,  Howard  Wall 

R.  A.  Thayer  Robert  Dudley 

Edmund  Purdy  Harry  Friend 

Arthur  Tobell  Nat  Levitt 

Samuel  Reichner  J.  H.  Mathews 

Anson  Adams  Joseph  McKenn 

George  Spivins 
3 

F~    361 


4  ON  TRIAL 

THE  FIRST  DAY  OF  THE  TRIAL 

PROLOGUE:    The  Court  Room. 

ACT  I,  Scene  i  :    The  library  in  the  home  of  Gerald 

Trask,  June  24th,  1913,  9:30  P.  M. 

Scene  2 :    The  court  room. 
ACT  II,  Scene  I :    The  court  room. 

Scene  2:     The  sitting  room  in  the  home  of 

Robert  Strickland,  June  24th,  1913,  7:30  P.  M. 

Scene  3 :    The  court  room. 

THE  SECOND  DAY  OF  THE  TRIAL 

ACT  III,  Scene  i :    The  court  room. 

Scene  2:    A  room  in  a  hotel  on  Long  Island, 

Thirteen  years  earlier. 

Scene  3:    The  court  room. 
EPILOGUE:    Scene  i :  The  jury  room. 

Scene  2 :    The  court  room. 


It  is  important  that  the  audience  be  seated  before 
the  rise  of  the  curtain  on  each  act. 

Wait  between  ACTS  I  and  II  Five  Minutes 
Wait  between  ACTS  II  and  III  Nine  Minutes. 
Wait  between  ACT  III  and  Epilogue  Five  Minutes 


ON   TRIAL 


PROLOGUE 

SCENE:    Courtroom.    JUDGE  on  bench,  etc.  Twelve 
men  in  the  jury  box. 

CLERK.     Mr.  Summers,  take  the  vacant  place  in 
the  jury  box.     (Shuffling  of  feet) 
GRAY.    What's  your  name? 
SUMMERS.     John  Summers. 

(Ring  up.) 

GRAY.     Mr.  Summers,  what  is  your  occupation? 

SUMMERS.     Electrical  engineer. 

GRAY.    Are  you  in  business  for  yourself  ? 

SUMMERS.    Yes,  sir,  at  i  Madison  Avenue. 

GRAY.  Mr.  Summers,  are  you  opposed  to  capital 
punishment  ? 

SUMMERS.    No. 

GRAY.  Do  you  know  Robert  Strickland,  the  de 
fendant  in  this  case?  Stand  up,  Strickland. 

(STRICKLAND  rises,  right  qrm  in  sling.) 
SUMMERS.    No. 

(STRICKLAND  resumes  his  seat.) 
GRAY.    Do  you  know  anyone  related  to  him  ? 

5 


6  ON  TRIAL 

SUMMERS.    No. 

GRAY.  Did  you  know  Gerald  Trask,  for  whose 
murder  Strickland  is  on  trial  ? 

SUMMERS.  No.  I've  often  read  the  gentleman's 
name  in  the  papers,  but  I  never  met  him. 

GRAY.  Do  you  know  Mrs.  Trask,  the  widow  of 
the  murdered  man? 

SUMMERS.    No. 

GRAY.  Do  you  know  Stanley  Glover,  who  was 
Mr.  Trask's  private  secretary  at  the  time  of  his 
death  ? 

SUMMERS.     (Uncertain)     Glover?    I'm  not  sure. 

GRAY.    Call  Mr.  Glover. 

ATTENDANT.     (Opens  door  L.)     Stanley  Glover. 

(GLOVER  enters  left.) 

GRAY.    This  is  Mr.  Glover. 
SUMMERS.     No;  I  don't  know  him. 
GRAY.     You  may  retire,  Mr.  Glover. 

(GLOVER  exits  left.) 

GRAY.  Do  you  know  anyone  associated  with  the 
District  Attorney's  office,  or  Mr.  Arbuckle,  the  de 
fendant's  attorney? 

SUMMERS.    No. 

GRAY.  Are  you  familiar  with  the  facts  in  this 
case? 

SUMMERS.  Very  slightly.  I  don't  read  details 
of  murder  cases ! 

GRAY.  Have  you  formed  any  opinion  which 
would  prevent  you  from  rendering  a  fair  and  im 
partial  verdict? 

SUMMERS.    No,  sir ;  I  have  not. 

GRAY.    That's  all.    Any  questions,  Mr.  Arbuckle  ? 

ARBUCKLE.  (Has  been  seated  L.  of  table,  rises) 
Mr.  Summers,  are  you  a  married  man? 


ON  TRIAL  7 

SUMMERS.    Yes,  sir;  I  am. 

ARBUCKLE.  How  many  years  have  you  been 
married  ? 

SUMMERS.     Fifteen,  next  March. 

ARBUCKLE.     Have  you  any  family? 

SUMMERS.    I  have.    Two  boys  and  a  girl. 

ARBUCKLE.  The  jury  is  satisfactory,  Your 
Honor.  (Sits.) 

DINSMORE.    Satisfactory  to  you,  Mr.  Gray? 

GRAY.    Yes,  Your  Honor. 

DINSMORE.     (To  the  CLERK)     Swear  them. 

CLERK.  (To  the  JURORS)  Rise,  gentlemen,  and 
raise  your  right  hands.  (They  do  so)  You  and 
each  of  you  do  solemnly  swear  in  the  presence  of 
the  ever-living  God,  that  you  will  well  and  truly 
try  the  indictment  found  by  the  people  of  the  State 
of  New  York  against  Robert  Strickland,  and  a  true 
verdict  rendered  therein,  according  to  the  evidence, 
so  help  you  God ! 

DINSMORE.    Proceed,  Mr.  Gray. 

GRAY.  (Addressing  the  jury)  May  it  please  the 
Court :  Gentlemen  of  the  Jury,  this  case  is  a  very 
simple  one.  The  facts,  as  they  have  appeared  from 
time  to  time  in  the  newspapers,  are  no  doubt  familiar 
to  all  of  you.  In  order  to  refresh  your  recollections, 
however,  I  shall  outline  very  briefly  the  circum 
stances  which  we  shall  put  into  evidence.  Mr. 
Gerald  Trask,  as  you  know,  was  a  prominent  banker 
of  this  city.  He  waj  a  distinguished  member  of  the 
community,  and  occupied  important  places  in  the 
social  and  financial  worlds.  Among  Mr.  Trask's 
acquaintances  was  Robert  Strickland,  the  defendant. 
At  the  time  they  became  acquainted  Strickland  was 
a  rather  prosperous  business  man,  and  he  and  Mr. 
Trask  met  frequently.  Some  months  ago  Strick 
land  began  to  have  business  troubles.  The  cause  of 
these  difficulties  does  not  concern  us.  But  what  does 
interest  us,  gentlemen,  is  that  Strickland,  becoming 


8  ON  TRIAL 

more  and  more  involved,  found  it  necessary  to  go 
to  his  friend,  Gerald  Trask,  for  financial  assistance. 
Mr.  Trask  responded  with  his  habitual  generosity, 
and  promptly  loaned  Strickland  ten  thousand  dol 
lars,  taking  the  latter's  note  as  security.  But  Strick 
land's  business  didn't  improve,  and  he  decided  to  mi 
grate  to  the  West.  The  note  was  payable  on  the 
22nd  of  June,  two  days  before  the  murder.  When 
the  22nd  arrived,  Strickland  was  in  Cleveland,  Ohio, 
making  arrangements  for  himself  and  family.  He 
returned,  however,  on  the  24th,  the  night  of  the 
murder,  sent  for  Mr.  Trask,  and  took  up  the  note.  I 
call  your  attention  to  the  fact,  gentlemen,  that 
Strickland  paid  the  debt  in  cash.  He  was  a  busi 
ness  man.  (ARBUCKLE  whispers  to  STRICKLAND) 
He  did  not  pay  it  in  check  or  draft,  but  cash !  Ten 
thousand  dollars  in  cash !  Mr.  Trask  had  offered  to 
let  the  loan  stand  until  Strickland  was  on  his  feet 
again,  but  Strickland  wouldn't  hear  of  it.  You  will 
understand  his  eagerness  to  cancel  the  debt  in  a 
moment,  gentlemen ;  it  was  because  he  had  evolved  a 
little  plan  whereby  he  could  wripe  out  the  obligation 
without  it  costing  him  a  cent.  The  scheme  was  sim 
ple  enough,  gentlemen.  He  knew  that  Mr.  Trask 
would  have  to  keep  the  ten  thousand  in  his  house 
overnight,  and  that  he  would  almost  certainly  lock 
it  up  in  the  safe  in  the  library.  And  what  is  more, 
gentlemen,  he  knew  the  combination  to  Mr.  Trask's 
safe.  Bear  in  mind  that  only  two  people  knew  the 
combination  to  that  .safe — Mr.  Trask  and  Strick 
land.  But  Strickland  hadn't  the  nerve  to  do  the 
job  alone,  so  he  called  in  an  assistant.  Accordingly, 
he  and  his  accomplice  entered  Mr.  Trask's  house  a 
few  hours  after  Strickland  had  paid  over  the  money. 
The  accomplice  went  to  work  on  the  safe  and  Strick 
land  stood  guard.  The  burglar  succeeded  without 
much  difficulty  in  opening  the  safe  and  extracting 
the  ten  thousand  dollars,  while  Strickland  superin- 


ON  TRIAL  9 

tended  the  job.  Before  they  could  escape,  however, 
they  were  interrupted,  first  by  Mrs.  Trask,  and  then 
by  her  husband.  The  accomplice  made  a  hasty  exit, 
taking  the  plunder  with  him.  That  was  the  last  that 
was  heard  of  the  accomplice,  gentlemen.  Who  he  is 
or  where  he  went  we  have  been  unable  to  learn.  But 
Mr.  Strickland  was  caught  red-handed,  and  knowing 
that  dead  men  tell  no  tales,  he  shot  and  killed  Mr. 
Trask  in  cold  blood.  There  you  have  the  story,  gen 
tlemen.  Mrs.  Trask,  the  widow  of  the  murdered 
man,  will  tell  it  to  you  in  detail.  Her  testimony  will 
be  corroborated  by  Mr.  Glover,  Mr.  Trask's  secre 
tary,  thanks  to  whose  bravery  the  assassin  was  dis 
armed  and  captured,  and  who  gave  us  material  as 
sistance  in  linking  up  the  chain  of  evidence  against 
him.  Not  one  of  the  acts  is  disputed.  Strickland, 
realizing  the  futility  of  interposing  a  defense,  has 
refused — 

ARBUCKLE.    I  object  to  that.     (Rises) 
DINSMORE.    Counsel  will  not  interrupt. 

(ARBUCKLE  sits.) 

GRAY.  Strickland,  I  say,  has  refused  to  make 
any  effort  to  defend  himself.  When  he  was  ar 
raigned 

ARBUCKLE.    I  object  to  that.     (Rises.) 
DINSMORE.    Counsel  will  not  interrupt. 

(ARBUCKLE  sits.) 

GRAY.  When  he  was  arraigned,  he  pleaded  guilty 
to  the  indictment  of  murder  in  the  first  degree ;  per 
haps,  gentlemen,  you  ask,  if  this  is  so,  why  are  we 
here?  Why  is  the  County  put  to  the  expense  of  the 
trial?  An  expense  which  we  taxpayers  must  meet 
in  the  end?  Why  must  you  business  men  be  taken 
from  your  occupations ;  be  compelled  to  lose  val- 


io  ON  TRIAL 

liable  time  ?  Why  is  not  the  penalty  allotted  to  mur 
derers  inflicted  upon  the  defendant  ?  And  in  answer 
to  that  I  say  to  you,  because,  gentlemen,  the  State 
is  jealous  of  the  lives  of  her  citizens.  To  her  the 
existence  of  an  individual  is  sacred,  no  matter  if  he 
be  depraved,  degenerate,  possessed  of  criminal  in 
stincts,  dangerous  to  society.  She  will  not  allow 
even  a  self-confessed  murderer  to  be  put  to  death 
until  twelve  of  his  fellow-citizens,  sitting  in  solemn 
judgment,  calmly,  dispassionately  hearing  and 
weighing  the  facts,  have  decreed  that  that  man  shall 
suffer  the  consequences  of  his  crime.  That  is  why 
we  are  here  to-day,  gentlemen.  That  is  why 
His  Honor  has  assigned  such  distinguished  counsel 
to  defend  Strickland;  and  that  is  why,  before  we 
ask  you  to  visit  upon  this  defendant  the  punishment 
he  merits,  we  shall,  by  the  unimpeachable  testimony 
of  eye-witnesses,  convince  you  of  his  guilt,  beyond 
the  peradventure  of  a  doubt.  Unfortunately,  his 
partner  in  crime  has  made  good  his  escape.  But  the 
greater  criminal  is  in  our  hands,  gentlemen.  We 
shall  make  him  pay  the  penalty  of  the  law.  I  shall 
take  up  no  more  of  your  time.  The  facts  will  speak 
for  themselves.  (Looks  JURY  over.  He  takes  his 
seat,  R.  of  table} 

ARBUCKLE.  (Rising  and  addressing  the  JURY  and 
standing  along  table}  If  the  Court  pleases :  Gentle 
men  of  the  Jury,  when  His  Honor  assigned  me  to 
the  defense  of  this  case,  it  seemed  to  me  that  the 
prosecution's  theory  was  untenable.  I  knew  Mr. 
Strickland  by  reputation,  and  I  scouted  the  burglary 
hypothesis.  This  belief  strengthened  as  I  became 
better  acquainted  with  Mr.  Strickland.  A  man  of 
superlative  honor  and  integrity,  equipped  with  a 
splendid  mentality  and  an  excellent  reputation,  not 
addicted  to  bad  habits  or  expensive  luxuries,  de 
votedly  attached  to  his  wife  and  child — that  is  not 
the  sort  of  man  who  breaks  into  his  friend's  house 


ON  TRIAL  ii 

for  the  purpose  of  theft.  The  case  seemed  to  me  to 
be  not  nearly  so  clear  and  simple  as  my  friend,  Mr. 
Gray,  makes  it  out  to  be.  But,  despite  my  certainty 
that  there  lurked  a  mystery  in  this  grim  affair,  I 
could  learn  nothing  that  would  aid  me  in  substan 
tiating  my  belief.  As  my  friend  has  told  you,  Mr. 
Strickland  has  maintained  throughout  an  obstinate, 
unbreakable  silence.  In  all  my  years  at  the  bar, 
gentlemen,  I  have  never  encountered  anyone  who 
has  declined  so  resolutely  to  yield  to  persuasion. 
Threats,  entreaties  and  logic  alike  have  left  him  in 
different.  At  last  I  reached  the  conclusion  that 
Strickland  was  shielding  someone,  most  likely  the 
unknown  accomplice  who  assaulted  Mrs.  Trask  and 
broke  open  the  safe.  In  the  hope  of  learning  the 
identity  of  this  man,  and,  if  possible,  Strickland's 
motive  in  shielding  him,  I  endeavored  to  locate  the 
members  of  Strickland's  family.  Judge  of  my  sur 
prise  gentlemen,  when  I  learned  that  the  defendant's 
wife  had  disappeared  from  home  on  the  night  of  the 
tragedy  and  has  not  since  been  heard  from.  Ail  my 
attempts  to  find  her  have  been  fruitless.  I  have  been 
forced  to  believe  (Pause — looks  at  STRICKLAND) 
that  she  took  her  life.  I  did  succeed  in  finding- 
Doris,  the  little  daughter  of  the  defendant.  When 
you  have  heard  her  story,  gentlemen,  you  will  agree 
with  me  that  to  send  Strickland  to  his  death  would 
be  a  gross  miscarriage  of  justice.  That  is  all  for  the 
present,  gentlemen.  (He  takes  his  seat) 

STRICKLAND.  (Has  been  seated  at  lower  end  of 
table  L.  Rising)  Your  Honor,  I  won't  have  it.  I 
won't  have  my  little  girl  dragged  into  this  case.  I've 
pleaded  guilty.  I'm  willing  to  suffer  the  conse 
quences. 

(ARBUCKLE  entreats  STRICKLAND  to  sit.) 

DINSMORE.  Your  case  is  in  the  hands  of  your 
counsel. 


u  ON  TRIAL 

STRICKLAND.     I  don't  want  counsel.     I  have  no 
defense.     Why  don't  you  sentence  me?     Why — ? 
DFNSMORE.     Proceed,  Mr.  Gray. 

STRICKLAND.     Your  Honor 

DINSMORE.     Silence ! 

(STRICKLAND  takes  his  seat.} 

GRAY.  Call  Mrs.  Trask.  (ATTENDANT  opens 
door  L.,  e.vits,  and  calls  MRS.  TRASK.  She  enters, 
left)  Mrs.  Trask,  will  you  kindly  take  the  witness 
chair,  please? 

CLERK.  Raise  your  right  hand,  please.  Do  you 
solemnly  swear  that  the  testimony  you  are  about  to 
give  will  be  the  truth,  the  whole  truth,  and  nothing 
hut  the  truth,  so  help  you  God?  (She  nods  yes) 
What's  your  name? 

MRS.  TRASK.    Joan  Trask. 

GRAY.  Mrs.  Trask,  are  you  the  widow  of  Gerald 
Trask? 

MRS.  TRASK.    Yes,  sir. 

GRAY.  How  long  were  you  married  to  Mr. 
Trask? 

MRS.  TRASK.    Almost  fifteen  years. 

GRAY.    Do  you  remember  the  night  of  June  24th? 

MRS.  TRASK.     Indeed  I  do. 

GRAY.    WThere  were  you  on  that  evening? 

MRS.  TRASK.  I  had  been  dining  out  with 
friends. 

GRAY.     What  time  did  you  arrive  home? 

MRS.  TRASK.     About  half-past  nine. 

GRAY.  Now,  Mrs.  Trask.  I  want  you  to  tell  to 
the  court  and  jury  everything  that  occurred  after 
\on  arrived  home. 

MKS.  TRASK.  Just  as  I  entered  my  home  the  tele 
phone  in  the  library  rang. 

(Lights  out — Curtain.) 


ON  TRIAL  13 


ACT  I 

SCENE:  TRASK'S  library.  Entrance  door  right; 
door  to  TRASK'S  room  right;  door  to  MRS. 
TRASK'S  room  left;  French  window  in  rear; 
safe  right. 

At  rise  of  curtain,  telephone  rings.     MRS. 
TRASK  enters  upper  left,  and  goes  to  'phone. 

MRS.  TRASK.  (Goes  to  'phone  R.)  Hello!  Yes 
— yes — this  is  182  River.  No,  Mr.  Trask  is  not  in. 
Who  is  this,  please  ?  I'm  his  wife.  Who  are  you  ? 
What  do  you  want  to  talk  to  him  about?  Well,  I'm 
his  wife.  Oh,  very  well.  I  don't  know  when  he  will 
be  in.  I  don't  know.  All  right.  Good-bye.  (Turns 
away  from  'phone  in  evident  distre'ss) 

GLOVER.  (Enters  at  right  center;  starts  for 
'phone)  I  thought  I  heard  the  telephone  bell? 

MRS.  TRASK.    Yes;  I  answered  it.     (Crosses  L.) 

GLOVER.    Oh,  it  was  for  you  ? 

MRS.  TRASK.    No  ;  for  my  husband. 

GLOVER.     WTho  was  it? 

MRS.  TRASK.     (At  door  L.)     A  woman,  as  usual. 

GLOVER.     Oh!     (Sits  right  at  table) 

MRS.  TRASK.  (Crosses  L.  c.— suspiciously}  Do 
you  know  who  she  is? 

GLOVER.    Wrhy,  no ! 

MRS.  TRASK.  No,  I  suppose  my  husband  doesn't 
take  his  secretary  into  his  confidence  to  that  extent, 
although  he  doesn't  make  any  great  attempt  to  keep 
things  secret.  He  hasn't  even  a  sense  of  shame. 

GLOVER.    You  must  excuse  me 

MRS.  TRASK.  Yes,  of  course.  I  don't  ordinarily 
discuss  these  things ;  but  even  my  endurance  has  its 
limits.  (Down  L.,  pufs  cloak  on  sofa) 

GLOVER.    Really,  Mrs.  Trask 

MRS.  TRASK.     I've  put  up  with  this  for  fifteen 


14  ON  TRIAL 

years  now.     Oh,  what  a  fool  I  am  to  stand  for  it. 

GLOVER.  My  dear  Mrs.  Trask,  you  understand 
my  position.  (Crosses  to  her) 

MRS.  TRASK.  (Sits  on  sofa  L.)  Yes  ;  forgive  me. 
It  was  wrong  of  me  to  talk  about  it  to  you. 

GLOVER.     Not  at  all ;  but 

MRS.^TRASK.  Sometimes  I  lose  patience.  Well, 
we  won't  say  anything  more  about  it.  Is  Mr.  Trask 
coming  home  to-night? 

GLOVER.  (Crosses  R.,  looks  at  watch)  Yes;  he 
telephoned  this  morning.  He's  coming  on  the  9:12 
from  Long  Branch.  It's  half-past  nine  now.  He 
should  have  been  here  by  this  time.  (Sits  R  of 
table) 

MRS.  TRASK.  I  can't  imagine  what  he's  doing 
down  there  these  two  days. 

GLOVER.     Golfing  and  fishing,  I  suppose. 

MRS.  TRASK.  He  might  have  waited  until  next 
week.  We'll  be  there  all  summer.  By  the  way, 
I'd  like  you  to  go  over  my  tradesmen's  accounts  for 
me  before  we  leave  the  city. 

GLOVER.    I'll  do  it  at  once.    Where  are  the  books  ? 

MRS.  TRASK.    In  the  safe. 

GLOVER.  (Going  to  safe  and  trying  it)  It's 
locked ;  do  you  know  the  combination  ? 

MRS.  TRASK.  No;  not  to  the  new  safe.  Don't 
you  know  it? 

GLOVER.  No ;  I  never  have  any  occasion  to  open 
the  safe  when  Mr.  Trask  is  away. 

MRS.  TRASK.  I  must  have  him  give  me  the  com 
bination.  (Up  L.  C.) 

(TRASK  enters,  left  c.) 

TKASK.      Hello,  Joan!   (MRS.   TRASK   turns  her 
back  to  him  and  goes  down  L.)     Hello,  Glover ! 
GLOVER.     Good  evening,  Mr.  Trask. 


ON  TRIAL  15 

(MRS.  TRASK  does  not  answer.) 

TRASK.  (To  MRS.  TRASK)  What's  wrong  with 
you  again?  (Down  L.  c.) 

MRS.  TRASK.    Nothing.     (Sits  on  sofa) 

TRASK.    Oh,  is  that  all  ? 

GLOVER.  (Rises)  Allow  me—  (Takes  hat  and 
coat  from  TRASK  ;  puts  them  on  chair  upper  right) 

TRASK.    Anything  new,  Glover  ? 

GLOVER.  (Down  to  table  R.,  where  he  sits)  No 
sir. 

MRS.  TRASK.    A  woman  called  you  up. 

TRASK.    Oh,  that's  it.    Who  was  it? 

MRS.  TRASK.    I  suppose  you  know  well  enough. 

TRASK.  If  I  knew  I  wouldn't  ask  you.  Who 
was  it? 

MRS.  TRASK.     I  don't  know. 

TRASK.  Didn't  you  ask  her  to  give  you  her  name  ? 

MRS.  TRASK.  You  don't  suppose  she'd  tell  me  her 
name,  do  you  ? 

TRASK.    Did  she  say  she'd  call  again  ? 

MRS.  TRASK.    I  don't  know. 

GLOVER.  (Hastily  rising)  Do  you  mind  opening 
the  safe,  Mr.  Trask ;  I  want  to  get  Mrs.  Trask's  ac 
count  books. 

TRASK.  All  right.  (Feels  in  his  pockets)  What 
did  I  do  with  that? 

GLOVER.    Lost  something  ? 

TRASK.  (Still  searching)  Yes;  I  had  a  card 
with  the  combination  written  on  it.  That's  a  funny 
thing. 

GLOVER.     Look  in  your  inside  pocket. 

TRASK.  (Searching  there)  No;  it's  not  there. 
Where  the  devil  did  I  put  the  thing  ? 

MRS.  TRASK.    Maybe  it's  in  some  other  suit. 

TRASK.  (Irritably)  No,  no;  I  had  it  right  in 
this  pocket. 

GLOVER.    When  did  you  have  it  last  ? 


16  ON  TRIAL 

TRASK.  Yesterday  morning  before  I  left;  I 
opened  the  safe  to  get  my  check  book. 

MRS.  TRASK.  Perhaps  you  left  it  down  at  Long 
Branch? 

TRASK.  That's  ridiculous.  Why  would  I  leave 
the  combination  to  the  safe  at  Long  Branch? 

GLOVER.  You  may  have  pulled  it  out  with  some 
thing  else. 

TRASK.  No;  there's  nothing  else  in  my  pocket. 
(Turns  up,  then  stops)  Oh,  I  know  what  I  did  with 
it. 

GLOVER.    What  ? 

TRASK.    I  gave  it  to  Strickland. 

GLOVER.    To  Strickland? 

TRASK.  Yes.  I've  just  come  from  there.  I  in 
vited  him  down  to  Long  Branch  to  spend  Sunday, 
and  wrote  the  address  on  the  card. 

GLOVER.  Are  you  sure  the  combination  was  on 
that  card? 

TRASK.  Yes.  I  never  stopped  to  look  at  the 
other  side — damn  careless.  You'll  have  to  wait  un 
til  to-morrow  for  your  books.  (Goes  up  L.,  crosses 
to  R.  c.) 

GLOVER.    Well,  there's  no  hurry  about  it. 

TRASK.  (Thinking)  Wait  a  minute;  I  believe  I 
can  get  that  combination.  ( Goes  to  safe  and  ma 
nipulates  the  disc)  No,  that's  not  it. 

GLOVER.    Well,  I  guess  it  can  wait  until  morning. 

TRASK.  Say,  you  know  if  you're  going  to  talk  I 
never  can  remember  these  numbers.  I've  got  it ; 
there  you  are.  (Opens  safe)  Help  yourself. 
(Crossses  L.,  business  with  humidor  on  book-case) 

GLOVER.  Thanks!  (Goes  to  safe  and  takes 
books)  Do  you  want  to  do  any  work  to-night? 
(Sits  R.  of  table) 

TRASK.  No,  1  don't  think  so.  I  want  to  turn  in 
early.  I've  been  golfing  all  day,  and  I'm  tired. 

MRS.  TRASK.   Seems  to  me  you  might  have  waited 


ON  TRIAL  17 

until  we  all  went  down  to  Long  Branch. 

TRASK.     When  are  you  going?     (Down  L.  c.) 

MRS.  TRASK.    Monday.    Aren't  you  coming  with 
us? 

TRASK.     I'm  going  down  Saturday  night. 

MRS.  TRASK.    Why? 

TRASK.  I've  got  up  a  fishing  party  for  Sunday 
morning.  Like  to  join  me,  Glover? 

GLOVER.    Thanks ;  I'll  be  glad  to. 

TRASK.     Strickland's  coming  with  us. 

GLOVER.    When  did  he  get  back  from  the  West? 

TRASK.  To-night.  He  wired  me  to  meet  him  at 
his  home. 

GLOVER.  What  are  you  going  to  do  about  that 
note  of  his  ?  It  was  due  on  the  22nd,  you  know. 

TRASK.    He  paid  it.     (Sits  L.  of  table} 

GLOVER.     He  did  ? 

TRASK.  Yes;  I  have  the  ten  thousand  here. 
(Takes  money  from  his  pocket  and  counts  it) 

GLOVER.  I'm  surprised.  I  thought  he  would  fall 
down. 

TRASK.  He  got  it  from  those  business  connec 
tions  of  his  in  Cleveland.  When  I  got  to  his  house 
to-night,  he  had  the  ten  thousand.  I  didn't  want 
to  take  it ;  I  told  him  I  knew  he  was  hard  pressed, 
and  that  I  didn't  mind  holding  off  for  awhile. 

GLOVER.     What  did  he  say? 

TRASK.  He  wouldn't  hear  of  it.  W^ants  to  begin 
with  a  clean  slate,  he  says. 

GLOVER.  That's  like  Strickland — straight  clean 
through. 

TRASK.    Yes. 

GLOVER.  He's  a  fine  chap.  Too  bad  he  couldn't 
make  things  go. 

TRASK.  Well,  that's  business.  Somebody's  got  to 
go  to  the  wall. 

GLOVER.    Strickland  takes  it  pretty  hard.    On  ac- 


i8  ON  TRIAL 

count  of  his  wife,  I  guess.     He's  awfully  fond  of 
her. 

MRS.  TRASK.     Is  she  a  nice  woman? 

TRASK.  (Yawning)  Couldn't  say.  Never  met 
her.  (Hands  GLOVER  money)  You  better  put  that 
ten  thousand  (MRS.  TRASK  goes  tip  to  French  win 
dow)  in  the  safe,  Glover. 

GLOVER.    Why  the  cash?     (Rises) 

TRASK.  Well,  he  said  it  had  been  so  darned 
hard  for  him  to  get  it,  that  he  wanted  the  pleasure 
of  handing  it  to  me  in  ten  one-thousand-dollar  bills. 
Be  sure  to  deposit  it  in  the  morning. 
^  GLOVER.  All  right,  sir.  (Goes  to  safe— At  safe) 
Shall  I  lock  it  ?  (He  covers  the  safe  with  his  body 
while  he  turns  the  disc) 

TRASK.  Yes.  (Goes  up  L.  Business  with  book 
on  case) 

GLOVER.     (Rising)     Anything  else? 

TRASK.    I  don't  think  so. 

GLOVER.  I'll  go  to  my  room  then.  (Takes  books) 
I'll  have  these  ready  in  the  morning,  Mrs.  Trask. 

MRS.  TRASK.  Thank  you  very  much,  Mr.  Glover. 
Good-night.  (Down  L.  Sits  on  sofa) 

GLOVER.    Good-night ! 

TRASK.    Good-night!     (Dozvn  L.) 

MRS.  TRASK.     Good-night! 

(GLOVER  goes  out  right.) 

TRASK.     (Calling  after  him)     Oh,  Glover. 

GLOVER.     Yes,  sir! 

TRASK.  Better  remind  me  to  get  that  card  from 
Strickland  to-morrow. 

GLOVER.    All  right. 

TRASK.  (Looks  at  MRS.  TRASK,  yawning)  I'm 
going  to  turn  in.  (Gets  hat  and  coat  and  starts  R.) 

MRS.  TRASK.  (Rises)  Gerald,  who  is  this 
woman  ?  (  Crosses  c. ) 


ON  TRIAL  £9 

TRASK.     What  woman? 

MRS.  TRASK.  The  one  who  called  up  a  while 
ago. 

TRASK.  Aren't  you  done  with  that  yet  ?  I  told 
you  I  don't  know. 

MRS.  TRASK.    You  do  know. 
TRASK.     (Moving  right)     Good-night ! 
MRS.  TRASK.     No— I  want  to  know  who  she  is 
TRASK.     What's  the  good  of   ragging  me  like 
this  ?    I  tell  you  I  don't  know  who  it  is.     I  suppose 
it  is  some  business  matter. 

MRS.  TRASK.  Nobody  would  call  you  up  at  this 
time  of  night  on  business.  You  know  very  well  it's 
not  business. 

TRASK.  Well,  what's  your  theory?  (Puts  hat 
and  coat  back  on  chair  R.  Sits  R.  of  table) 

MRS.  TRASK.  Aren't  you  ever  going  to  change? 
(Sits  L.  of  table) 

TRASK.     Am  I  never  going  to  have  a  minute's 
peace  ?    You're  as  jealous  as  a  schoolgirl ! 
MRS.  TRASK.    Jealous ! 

TRASK.  Yes;  you're  forever  raising  a  racket 
about  nothing. 

MRS.  TRASK.    Oh,  it's  nothing,  is  it? 
TRASK.     If  I  look  at  a  woman,  or  a  woman  talks 
to  me,  you're  ready  to  fly  at  her  throat. 

MRS.  TRASK.  Don't  you  think  you  give  me  cause, 
the  way  you  conduct  yourself  ?  You  seem  to  forget 
that  you  have  a  wife. 

TRASK.  You  never  give  me  a  chance  to  forget  it. 
Every  time  we're  alone,  it's  the  same  thing. 

MRS.  TRASK.  Then  why  don't  you  treat  me  as 
your  wife? 

TRASK.  I  don't  see  what  you're  complaining 
about.  I  don't  beat  you,  do  I  ?  You  get  everything 
you  want.  You  go  where  you  please  and  when  you 
please.  I  allow  you  more  money  than  you  can  pos 
sibly  spend,  and  your  time  is  all  your  own.  Do  you 


20  ON  TRIAL 

think  there  are  many  women  who  can  say  the  same  ? 

MRS.  TRASK.  Do  you  think  that's  all  I  care 
about?  Don't  you  suppose  marriage  means  some 
thing  more  to  me  than  spending  money  and  amusing 
myself?  What  good  is  it  if  I  haven't  the  compan 
ionship  of  my  husband  ? 

TRASK.  My  God !  are  you  going  to  get  senti 
mental  ? 

MRS.  TRASK.  (Crosses  L.)  I've  never  known 
what  it  meant  to  be  really  married.  For  six  years 
1  hid  myself  away  because  I  didn't  happen  to  suit 
your  family. 

TRASK.  Well,  you  didn't  lose  by  it.  If  my  father 
had  cut  me  off,  you  wouldn't  be  living  in  luxury 
to-day. 

MRS.  TRASK.  You  seem  to  think  that  money  is 
all  that  one  needs.  It's  been  that  way  ever  since 
we  were  married.  I  didn't  want  to  keep  our  mar 
riage  secret.  But  you  thought  a  great  deal  more 
of  your  inheritance  than  you  did  of  me. 

TRASK.  You'd  have  sung  a  different  tune  if  he'd 
left  me  penniless. 

MRS.  TRASK.  All  your  money  hasn't  brought  me 
happiness.  No  other  woman  would  have  borne 
what  I  have  for  fifteen  years.  If  you  had  a  spark 
of  manhood  in  you,  you'd  lead  a  decent  life — if  not 
for  my  sake,  then  for  your  children's. 

TRASK.  Oh,  now  we're  around  to  the  children 
again ! 

MRS.  TRASK.  (Sits  on  sofa)  You  never  con 
sider  them.  They'll  soon  be  old  enough  to  under 
stand. 

TRASK.  (Slams  table,  rising)  Well,  what  of  it? 
They've  got  everything  they  want,  too.  (Crosses  to 
her)  They're  getting  a  good  education  and  a  liberal 
allowance.  That's  all  they  have  a  right  to  expect 
of  me. 


ON  TRIAL  21 

MRS.  TRASK.  You're  sending  them  out  into  the 
world  with  a  stigma — 

TRASK.  Oh,  stigma  be  hanged!  I  lead  a  pretty 
straight  life. 

MRS.  TRASK.    Gerald! 

TRASK.  Yes,  I  do.  You  don't  expect  me  to  sit 
home  by  the  fireside  twirling  my  thumbs,  do  you? 
I've  got  time  for  that  thirty  years  from  now.  When 
that  time  comes,  the  children  won't  regulate  their 
lives  to  suit  me,  will  they? 

MRS.  TRASK.  You've  promised  me  a  dozen  times 
to  change. 

TRASK.  Well,  that's  the  only  way  I  can  get  any 
peace.  (Sits  L.  of  table) 

MRS.  TRASK.     I  won't  stand  it  any  longer. 

TRASK.     What  are  you  going  to  do  about  it? 

MRS.  TRASK.  I'll  get  a  divorce.  (Crosses  to 
him ) 

TRASK.  Well,  go  ahead ;  I  won't  attempt  to  pre 
vent  you. 

MRS.  TRASK.  No ;  you'll  be  glad,  I  suppose.  (Up 
L.  c.,  crossing  R.) 

TRASK.     I  wont  be  sorry,  you  can  wager  on  that. 

MRS.  TRASK.  To  think  I've  lived  with  you  all 
these  years! 

TRASK.    Well,  why  have  you? 

MRS.  TRASK.  (R.  of  table)  You  know  why — to 
keep  up  appearances  on  account  of  the  children.  To 
give  them  a  good  name. 

TRASK.  And  because  I  took  pretty  good  care  of 
you. 

MRS.  TRASK.  You  talk  as  though  you  had  been 
bribing  me  to  throw  away  my  self-respect.  I  won't 
stand  any  more  of  it.  (Crosses  R.) 

TRASK.     Do  as  you  please  about  it. 

MRS.  TRASK.  I  will.  I'll  bring  suit  against  you 
to-morrow. 

TRASK.    As  soon  as  you  like. 


ON  TRIAL 

MRS.  TRASK.     I  should  have  done  it  years  aeo 

TRASK.     Why  didn't  you? 

iMRS.  TRASK.  (Crosses  to  him)  Because  I  always 
took  your  word.  I  always  deluded  myself  into  the 
belief  that  you  were  going  to  change.  I've  waited 
just  thirteen  years  too  long.  I  might  have  known, 
after  that  affair  at  Great  Neck 

TRASK.     Now,  see  here. 

MRS.  TRASK.  Oh,  I  haven't  forgotten  it,  though 
it  is  thirteen  years  ago.  That  little  Miss  Deane  that 
innocent  child— and  to  think  that  I  have  lived  with 
you  after  that.  (Crosses  L.) 

TRASK.  Never  mind  digging  up  the  past. 
(Crosses  to  her) 

MRS.  TRASK.  I  will  dig  up  the  past.  I'll  tell  the 
whole  story. 

TRASK.  Look  here,  Joan,  what's  the  use  of 
kicking  up  a  row  ?  That  divorce  idea  is  all  non 
sense.  There's  no  reason  why  we  can't  go  on  to 
gether.  (Tries  to  take  her  hand) 

MRS.  TRASK.  No ;  I'm  through  with  you.  (Sits 
L.)  I've  forgiven  you  a  dozen  times,  and  it's  been 
the  same  thing  over  again. 

TRASK.  (Sits  above  her  on  sofa)  Make  this 
the  last  time.  What  do  you  want  me  to  do  ? 

9  MRS.  TRASK.     (Turns  to  him)     I  want  you— no, 
it  s  no  use ;  it'll  be  just  the  same  as  ever. 

TRASK.  I  tell  you  it  won't.  What  more  do  you 
want  ?  I  give  you  my  word. 

MRS.  TRASK.     You've  broken  it  before. 

TRASK.     But  this  time  I'm  in  earnest. 

MRS.  TRASK.  You  always  say  that. 
^  TRASK.  Well,  give  me  a  chance*  to  convince  you. 
I  m  on  the  dead  level  this  time.  What'll  you  gain  by 
dragging  me  through  the  divorce  court  ?  You'll  be 
the  sufferer— you  and  the  children.  There'll  be 
newspaper  notoriety  and  all  that.  Let's  try  to  make 
it  go  once  more. 


ON  TRIAL  23 

MRS.  TRASK.    Gerald,  if  I  do  it's  the  last  time. 

TRASK.  (Taking  her  hand)  Good!  We'll  be- 
gJn  all  over  again  ? 

MRS.  TRASK.    Yes. 

TRASK.    We'll  drop  the  past? 

MRS.  TRASK.    Yes 

TRASK.  (Kissing  her.  Rises,  crosses  R.,  gets 
hat  and  coat  and  starts  for  door  R.  )  All  right ;  that's 
over. 

MRS.  TRASK.  Gerald,  you'll  keep  your  word? 
(Rises,  crosses  c.) 

TRASK.     I've  said  so. 

MRS.  TRASK.  Promise  me  that  you'll  break  off 
with  this  woman,  then. 

TRASK.    What  woman? 

MRS.  TRASK.    The  one  who  called  up. 

TRASK.  (Crossing  to  her)  Oh,  you're  wrong 
about  that.  You've  misjudged  me  this  time. 

MRS.  TRASK.    On  your  word? 

TRASK.    Yes. 

MRS.  TRASK.  Forgive  me,  then.  (Puts  her 
hands  on  his  shoulders) 

TRASK.     It's  all  right. 

MRS.  TRASK.  We'll  try  to  make  it  go  right  this 
time.  (They  kiss) 

TRASK.  Good!  I'm  going  to  turn  in  now;  I'm 
tlog  tired.  Good-night.  (Goes  R.)  Want  those 
lights  ? 

MRS.  TRASK.     No.    Good-night!     (Crosses  L.) 

TRASK.  (Switching  off  light)  Good-night,  then. 
(Stage  dark.  Enters  his  bedroom) 

MRS.  TRASK.    Good-night. 

(Lights  out.) 

(MRS.  TRASK  goes  L.  to  her  bedroom.  The  stage  is 
dark.  GLOVER  enters  L.  c.;  goes  to  safe,  opens 
it,  takers  money  out  of  cash  box — drops  box. 


24  ON  TRIAL 

MRS.  TKASK  rattles  door-knob,  and  enters  L.) 

MRS.  TRASK.  Who  is  it?  Is  there  some  one 
here?  (Instantly  GLOVER  forces  her  to  the  sofa.  As 
he  is  'struggling  with  her,  STRICKLAND  appears,  en 
tering  the  window  at  back.  The  man  hears  him  and 
looks  up.  STRICKLAND  enters  the  room,  and  the  man 
disappears  into  the  darkness  at  the  L.  side  of  the 
room.  STRICKLAND  goes  to  MRS.  TRASK  and  looks 
at  her,  puzzled.  The  telephone  rings.  TRASK  stum 
bles  in  from  his  bedroom  and  'switches  on  the  light. 
— Lights  up — MRS.  TRASK  is  on  the  floor;  STRICK 
LAND  is  crouched  beside  her,  covering  her  with  his 
revolver) 

TRASK.  (At  'phone)  Hello  !  Yes,  this  is  Trask. 
Is  that  you,  May  ? 

STRICKLAND.  You — you — (Fires,  and  misses.  At 
the  same  moment  MRS.  TRASK  screams.  TRASK 
drops  the  receiver  and  turns.  STRICKLAND  fires 
again,  and  TRASK  falls  dead.  GLOVER  rushes  in  at  R. 
with  a  heavy  stick,  and  dashes  at  STRICKLAND.  He 
raises  the  stick  above  his  head.  STRICKLAND  raises 
his  arm  instinctively.  The  stick  falls  with  a  crashing 
blow  on  STRICKLAND'S  forearm.  The  revolver  falls 
from  his  grasp,  and  his  arm  drop's  limply  to  his  side. 
He  utters  a  groan  and  sinks  to  the  floor) 

MRS.  TRASK.  (Crosses  c.)  My  God,  he's  killed 
Gerald! 

GLOVER.    Telephone  for  the  doctor.     (Ring  bell) 

MRS.  TRASK.     Gerald  !     Gerald  ! 

(Lights  out.     Curtain.) 


SCENE  III :    The  Court  Room. 
GRAY.    Yes,  and  then — ? 


ON  TRIAL  25 

MRS.  TRASK.  A  few  minutes  later  the  police  ar 
rived. 

GRAY.    And  your  husband  was  dead  by  that  time  ? 

MRS.  TRASK.  Yes ;  he  died  instantly,  the  doctor 
said. 

GRAY.  Now,  Mrs.  Trask,  did  you  observe  the 
safe  before  the  police  arrived  ? 

MRS.  TRASK.    Yes ;  the  safe  was  opened. 

GRAY.  Did  you  notice  if  any  of  the  contents  was 
missing  ? 

MRS.  TRASK.  Yes,  sir ;  the  ten  thousand  dollars 
was  gone. 

GRAY.  That's  all,  Mrs.  Trask.  (Takes  his  seat) 
You  may  cross-examine  the  witness,  Mr.  Arbuckle. 

ARBUCKLE.  (Rising)  Mrs.  Trask,  did  you  recog 
nize  your  assailant — the  man  who  opened  the  safe? 

MRS.  TRASK.  No.  He  came  upon  me  so  quickly. 
And  the  room  was  in  total  darkness. 

ARBUCKLE.  Are  you  sure  that  no  one  but  Mr. 
Trask  knew  the  combination  of  the  safe  ? 

MRS.  TRASK.     Mr.  Strickland  knew  it. 

ARBUCKLE.  I  move  to  strike  out  the  answer  as 
not  responsive. 

GRAY.  (Springing  to  his  feet)  I — ?  Your 
honor. 

DINSMORE.    The  motion  is  denied. 

ARBUCKLE.  I  respectfully  except.  Mrs.  Trask, 
did  any  words  pass  between  Strickland  and  your  as 
sailant  ? 

MRS.  TRASK.  I  can't  be  sure.  There  was  a  ring 
ing  in  my  ears.  He  almost  strangled  me. 

ARBUCKLE.  But,  to  the  best  of  your  knowledge, 
they  did  not  speak  to  each  other  ? 

MRS.  TRASK.    I  can't  say  one  way  or  the  other. 

ARBUCKLE.  Mrs.  Trask,  do  you  know  who 
"May"  is? 

MRS.  TRASK.    No,  sir,  I  do  not. 


26  ON  TRIAL 

ARBUCKLE.  I  have  no  further  questions,  your 
honor. 

GRAY.  That's  all,  Mrs.  Trask.  (She  steps  down, 
(joe's  L.,  pauses,  looks  at  STRICKLAND  and  exits  L.) 
Is  Dr.  Morgan  in  the  witness  room? 

ATTENDANT.  (Opens  door  and  exits)  Doctor 
Morgan  !  ( There  is  no  answer) 

GRAY.  (Waits  until  MRS.  TRASK  is  off — To 
JUDGE  DINSMORE)  Dr.  Morgan  is  the  physician 
who  examined  Mr.  Trask's  body,  Your  Honor.  He 
told  me  that  he  might  be  detained. 

(ATTENDANT  enters.) 

ATTENDANT.    Dr.  Morgan  is  not  here. 

GRAY.  With  Your  Honor's  permission,  I'll  call 
Mr.  Glover,  in  order  not  to  delay  the  trial. 

DINSMORE.    Yes. 

GRAY.     Call  Mr.  Stanley  Glover! 

ATTENDANT.  (Opens  door  left  and  calls  off) 
Stanley  Glover. 

(GLOVER  enters  left.) 

GRAY.  Mr.  Glover.  Will  you  take  the  witness 
stand,  please  ? 

(GLOVER  take's  the  stand.) 

CLERK.  Raise  your  right  hand  please.  Do  you 
solemnly  swear  that  the  testimony  you  are  about  to 
give  will  be  the  truth,  the  whole  truth,  and  nothing 
but  the  truth,  so  help  you  God  ?  What's  your  name  ? 

GLOVER.     Stanley  Glover. 

GRAY.  (Dozvn  stage)  Mr.  Glover,  you  were  Mr. 
Trask's  private  secretary. 

GLOVER.    Yes,  sir. 

GRAY.    On  the  night  of  June  the  24th,  after  you 


ON  TRIAL  27 

left  the  library  with  Mrs.  Trask's  books,  what  did 
you  do? 

GLOVER.     I  went  directly  to  my  room. 

GRAY.    Describe  what  occurred  then. 

GLOVER.  I  began  going  over  the  books.  About 
half  an  hour  later  I  heard  a  shot,  then  I  heard  Mrs. 
Trask  scream,  and  another  shot  fired.  I  picked  up 
a  heavy  cane  I  had  in  my  room  and  rushed  down 
stairs  to  the  library.  Mr.  Trask's  body  was  on  the 
floor,  and  Strickland  was  standing  at  the  other  side 
of  the  room,  with  a  revolver  in  his  hand. 

GRAY.     What  did  you  do? 

GLOVER.  I  dashed  at  Strickland  with  the  cane  and 
struck  his  arm.  He  dropped  the  revolver  and  fell 
to  the  floor. 

GRAY.  When  you  entered  the  room,  did  you 
see  any  sign  of  the  other  man  ? 

GLOVER.  No,  sir;  the  French  windows  at  the 
back  were  open,  and  he  must  have  escaped  that  way. 

GRAY.     What  happened  then? 

GLOVER.  While  Mrs.  Trask  was  telephoning  for 
the  police  I  kept  watch  on  Strickland.  Then  I  hap 
pened  to  remember  what  Mr.  Trask  had  said  about 
giving  Strickland  the  card  with  the  combination  to 
the  safe  on  it,  and  I  thought  he  might  have  it  on  him, 
(ARBUCKLE  interrupts)  and  that  if  he  did  it  would 
prove  of  value  to  the  police. 

ARBUCKLE.  I  object  to  the  witness  stating  what 
he  thought. 

DINSMORE.  Yes;  strike  out  that  part  of  the 
answer. 

(Stenographer  does  so.) 

GRAY.  (Up-stage)  Just  tell  what  you  did  and 
saw,  Mr.  Glover. 

GLOVER.  Well,  I  began  to  search  Strickland's 
pockets. 


28  ON  TRIAL 

GKAY.     Was  that  before  the  police  arrived? 

GLOVER.  Yes ;  I  was  afraid  he  might  destroy  the 
card. 

ARBUCKLE.  (Springing  to  his  feet)  Your  Honor, 
I  ask  that  the  witness  be  instructed  to  answer  the 
questions  and  no  more. 

DINSMORE.  Yes;  strike  out  the  answer.  (To 
GLOVER)  You  must  confine  your  answers  to  the 
questions  which  are  put  to  you.  You  are  not  to 
volunteer  anything,  and  you  are  not  to  tell  what 
passed  through  your  mind.  Is  that  clear? 

GLOVER.     Yes,  Your  Honor. 

DINSMORE.     Proceed,  Mr.  Gray. 

GRAY.  Mr.  Glover,  did  you  take  the  card  from 
Strickland's  pocket?  (Gets  card  from  book  on 
table  L.) 

GLOVER.     Yes,  sir. 

GRAY.    Is  this  it?     (Passes  card  to  GLOVER) 

GLOVER.     (Examining  it)     Yes. 

GRAY.  (Takes  card  from  GLOVER)  I  offer  it  in 
evidence,  Your  Honor.  ( Gives  card  to  stenographer 
who  marks  it  and  gives  it  back  to  GRAY) 

GRAY.  (Crossing  L.  c. — To  the  jury)  This  Peo 
ple's  Exhibit  A  is  a  visiting  card.  On  the  face  is  en 
graved  in  old  English  type  the  name  of  "  Mr.  Gerald 
Trask."  Below  that  is  written  in  pencil,  "  206  Hen 
derson  Place,  Long  Branch."  On  the  other  side  is 
written  in  words  and  figures :  "  14  right  2,  27  left  3." 
Is  there  any  question  about  the  handwriting,  Mr.  Ar- 
buckle  ? 

ARBUCKLE.    You'd  better  prove  it. 

GRAY.  (Down-stage)  Mr.  Glover,  are  you  fa 
miliar  with  Mr.  Trask's  handwriting? 

GLOVKK.     Yes;  I  know  it  perfectly. 

GRAY.  You've  seen  it  often  on  letters  and  docu 
ments  ? 

GLOVER.    Hundreds  of  times. 

GRAY.     ( (,/?r.v  card  to  GLOVER)     I  show  you  this 


ON  TRIAL  29 

card  and  ask  you  whether  the  address^  "  206  Hen 
derson  Place,  Long  Branch,"  is  in  Mr.  Trask's  writ 
ing. 

GLOVER.  It  is. 

GRAY.  Now  turn  the  card,  please.  Are  the  words 
and  figures,  "  14  right  2,  27  left  3,"  also  in  Mr. 
Trask's  writing? 

GLOVER.    They  are. 

GRAY.  There's  no  doubt  in  your  mind  about  it? 
(Takes  card) 

GLOVER.     Absolutely  none. 

GRAY.  Do  you  know  the  significance  of  these  fig 
ures,  "  14  right  2,  27  left  3  ?  " 

GLOVER.  Yes,  sir.  It's  the  combination  to  Mr. 
Trask's  safe. 

GRAY.    How  do  you  know  ? 

GLOVER.  When  the  police  arrived  I  gave  them 
this  card.  They  locked  the  safe  and  opened  it  with 
this  combination. 

GRAY.  Now,  Mr.  Glover,  I  call  your  attention  to 
the  fact  that  the  card  is  torn  almost  in  half.  Can 
you  explain  how  that  occurred? 

(Ring  slow  curtain.) 

GLOVER.  Yes,  sir.  As  I  took  the  card  from 
Strickland's  pocket,  he  snatched  it  out  of  my  hand 
and  started  to  tear  it  in  half.  Before  he  had  torn 
it  all  the  way,  I  managed  to  get  hold  of  it  again. 

GRAY.    Yes  !  and  what  happened  then  ? 

(NOTE:  GRAY'S  line  is  spoken  after  curtain  is 
down.) 

ACT  II. 

SCENE  :     Court  Room. 

GRAY.  Dr.  Morgan,  in  what  condition  did  you 
find  Mr.  Trasks  body? 


30  ON  TRIAL 

MORGAN.  (On  witness  stand)  I  found  two  bullet 
wounds. 

GRAY.    Describe  them,  please. 

MORGAN.  One  was  a  slight  wound  on  the  right 
shoulder  caused  by  a  grazing  bullet. 

GRAY.    And  the  other  ? 

MORGAN.  The  other  bullet  entered  the  body  just 
above  the  left  breast  and  lodged  in  the  heart. 

GRAY.     That's  all,  Dr.  Morgan. 

ARBUCKLE.  I  have  no  cross-examination,  Your 
Honor. 

(MORGAN  steps  down — Crosses  L.) 

GRAY.  That's  the  case  for  the  prosecution,  Your 
Honor. 

DINSMORE.  Proceed  with  the  defense,  Mr.  Ar- 
buckle. 

ARBUCKLE.     I  shall  call  Miss  Doris  Strickland. 

(ATTENDANT  goes  out  left  calling  "  DORIS  STRICK 
LAND.) 

STRICKLAND.  (Springing  to  his  feet)  No,  Your 
Honor — don't  let  her  testify;  she's  my  little  girl. 
She's  all  I've  got  left.  Don't  let  her  testify. 

DINSMORE.  You  must  leave  your  case  in  the 
hands  of  your  counsel.  He  will  protect  your  in 
terests. 

(ARBUCKLE  tries  to  force  STRICKLAND  to  sit.) 

STRICKLAND.  I  don't  want  to  be  protected ;  pro 
tect  my  little  girl.  Don't  bring  her  in  here.  (Sits) 

( DORIS  enters  left,  walks  to  STRICKLAND,  puts  arms 
around  him.) 


ON  TRIAL  31 

ARBUCKLE.  Come,  Strickland,  this  won't  do. 
Come,  Doris,  sit  up  in  that  chair  there. 

STRICKLAND.  (Rising)  No,  no;  take  her  out  of 
here.  She's  all  I  have  left  to  me. 

ARBUCKLE.  Up  there,  Doris.  (Takes  DORIS  to 
stand) 

STRICKLAND.  Your  Honor,  I  want  to  keep  her 
out  of  this ;  it's  the  only  request  I've  made.  You're 
a  man,  Your  Honor,  a  father,  perhaps 

DINSMORE.  I  am  powerless  to  help  you.  I  am 
merely  an  instrument  of  the  law  which  will  mete 
out  justice  to  you.  The  law  must  be  permitted  to 
take  its  course.  Proceed,  Mr.  Arbuckle. 

(STRICKLAND  sinks  into  his  chair  and  buries  his 
face  in  hh  arms.    ARBUCKLE  crosses  left  to  table.) 

GRAY.  (Rises)  Your  Honor,  I  respectfully  ask 
that  the  competency  of  this  child  to  testify  be  deter 
mined. 

ARBUCKLE.    By  all  means,  Your  Honor. 

(GRAY  sits.) 

DINSMORE.    How  old  are  you,  Doris  ? 

DORIS.  I'm  going  to  be  nine  years  old  on  the  6th 
of  November. 

DINSMORE.     And  do  you  go  to  school? 

DORIS.  Yes,  sir.  I  was  promoted;  I'm  in  the 
grammar  school  now. 

DINSMORE.    Did  you  ever  go  to  Sunday  school? 

DORIS.  Yes,  sir.  I  went  every  Sunday  before 
Mamma  went  away.  But  now  Aunt  Helen  won't 
let  me  go,  because  all  the  children  talk  about  me  and 
make  me  cry. 

DINSMORE.  Did  you  learn  in  Sunday  school  that 
you  must  always  tell  the  truth  ? 

DORIS.    Yes,  sir ;  that's  one  of  the  Ten  Command- 


32  ON  TRIAL 

ments,  "  Thou  shalt  not  bear  false  witness  against 
thy  neighbor."  That  means  that  you  should  never 
tell  a  lie.  Miss  Weston  told  me  that. 

DINSMORE.    Who  is  Miss  Weston? 

DORIS.  She's  my  Sunday  school  teacher.  She 
taught  me  all  the  Ten  Commandments.  Shall  I 
say  them  for  you  ? 

DINSMORE.    Not  now.     (To  GRAY)     I  think  she 

may  testify.     Proceed,  Mr.  Arbuckle. 

ARBUCKLE.  Doris,  what  is  your  full  name? 
(Crosses  to  her) 

DORIS.     Doris  Helen  Strickland. 

ARBUCKLE.     Who  is  your  father? 

DORIS.  That's  my  daddy  there.  (She  starts  doivn 
— ARBUCKLE  stops  her) 

ARBUCKLE.    Robert  Strickland  is  your  father  ? 

DORIS.    Yes,  sir. 

ARBUCKLE.  Doris,  do  you  remember  the  night  on 
which  Mr.  Trask  was  shot? 

DORIS.    Yes,  sir.     (Pause) 

ARBUCKLE.  Your  father  had  been  away  from 
home  ? 

DORIS.  Yes,  sir.  He  was  in  Cleveland  buying  a 
house  for  us  to  live  in. 

ARBUCKLE.    And  he  came  back  that  evening? 

DORIS.    Yes,  sir. 

ARBUCKLE.  Now,  just  before  he  came  home, 
where  were  you  ? 

DORIS.    I  was  in  the  sitting  room. 

ARBUCKLE.  That  was  about  half -past  seven, 
wasn't  it? 

DORIS.    Yes,  sir. 

ARBUCKLE.     What  were  you  doing? 

DORIS.    I  was  waiting  for  my  Daddy. 

ARBUCKLE.  Yes,  I  know;  but  were  you  reading 
or  playing  or  sitting  still  ? 

DORIS.    I  was  practising  my  piano  lesson. 


ON  TRIAL  33 

(The  stage  is  dark;  piano  is  heard,  in  orchestra.  The 
lights  go  up  in  library  of  STRICKLAND'S  home. 
Entrance  door  near  R.  Door  to  DORIS'  room 
rear  left.  DORIS  playing  piano.  Crosses  right 
to  little  stool  back  of  sofa  and  plays  with  dolls. 
MAY  enters  right,  goes  to  'phone,  looks  up  num 
ber  on  card  she  brings  on.) 

MAY.  (At  telephone;  her  back  to  sofa)  Hello! 
give  me  4000  Jersey  City,  please.  .  .  Hello !  is 
this  the  Jersey  railroad  ?  .  .  .  Give  me  the  lost 
articles  clerk,  please.  .  .  .  Hello !  this  is  Mrs. 
Robert  Strickland,  of  New  York  City.  .  .  That's 
right.  Have  you  found  a  purse  belonging  to  me? 
.  .  Are  you  sure?  .  .  .  Why,  I  don't 
know.  I  came  in  from  Long  Branch  yesterday  aft 
ernoon,  and  when  I  got  off  the  train  I  noticed  that 
my  handbag  was  open.  The  purse  must  have  fallen 
out.  .  .  Yes,  I've  telephoned  to  the  station  mas 
ter  at  Long  Branch  several  times.  .  .  No,  it 
hasn't.  .  .  He  referred  me  to  you.  .  . 
(DORIS  sits  on  sofa)  The  4.17  from  Long  Branch, 
Yesterday.  .  .  A  small  black  velvet  purse 
.  .  .  About  forty  dollars  in  bills,  some  visiting 
cards  with  my  name  and  address  on  them,  and  some 
very  important  memorandas.  .  .  I  wish  you 
would.  .  .  Very  well.  Good-bye.  (She  hangs 
up  receiver,  turns  and  sees  DORIS,  who  has  emerged 
from  the  sofa)  Doris  !  Where  did  you  come  from  ? 

DORIS.     I  was  sitting  behind  the  sofa. 

MAY.  (Sits  R.  of  table)  Whatever  were  you 
doing  there  ? 

DORIS.  I  was  playing  with  my  dolls.  (Crosses 
to  MAY)  Mamma,  was  it  that  nice,  soft  black  little 
purse  you  lost  ? 

MAY.  Listen  to  me,  Doris.  When  Daddy  comes, 
I  don't  want  you  to  say  anything  to  him  about  the 
purse. 


34  ON  TRIAL 

DORIS.    Why  not?     (Kneels  beside  her} 

MAY.  Because  he'll  be  angry  if  he  knows  it's 
lost,  and  then  he'll  worry  about  it.  You  don't  want 
to  worry  Daddy,  do  you? 

DORIS.  No ;  but,  Mamma,  weren't  you  shopping 
yesterday  ? 

MAY.     Of  course,  dear. 

DORIS.  But  you  told  the  man  you  were  at  Long 
Branch. 

MAY.  It  was  a  friend  of  mine  who  was  there. 
I  loaned  her  the  purse,  and  she  lost  it. 

DORIS.    Who  was  it? 

MAY.    You  don't  know  her. 

DORIS.    Why  did  you  lend  her  your  purse  ? 

MAY.  Because  she  hadn't  any  money  of  her 
own. 

DORIS.  But,  Mamma,  wasn't  it  fibbing  to  tell  the 
man —  ? 

MAY.  No ;  I'll  explain  some  other  time.  Prom 
ise  Mamma  you  won't  say  anything.  (Door  slam 
off*.) 

DORIS.    I  promise. 

STRICKLAND.  (Off-stage)  Hello,  Bertha,  how 
are  you? 

BERTHA.    How  are  you,  Mr.  Strickland? 

STRICKLAND.     Everybody  all  right? 

DORIS  It's  Daddy,  Mamma !  It's  Daddy !  (Runs 
off) 

(MAY  puts  card  in  bosom  of  her  dress,  places  doll 
on  stool.    Goes  up  R.  c.) 

STRICKALND.  (Calling)  Yes,  it's  your  old 
daddy.  Hello,  Sweetheart! 

DORIS.  Hello,  Daddy  dear !  What  have  you  got 
for  me? 

STRICKLAND.  Something  wonderful.  Give  me 
another  kiss.  Are  you  glad  to  see  your  daddy? 


ON  TRIAL  35 

DORIS.  Oh,  Mamma  and  I  have  been  so  lone 
some. 

STRICKLAND.    Where  is  Mamma? 

DORIS.  In  here.  ( DORIS  and  STRICKLAND  enter. 
Business  of  MAY  waiting) 

STRICKLAND.    Hello,  May,  sweetheart ! 

( DORIS  puts  bag  on  table,  then  crosses  right  behind 
them.) 

MAY.  (Runs  to  him;  hysterical  business)  Robert, 
dear !  I'm  so  glad  you're  back. 

STRICKLAND.  It's  good  to  be  back.  By  Jove!  I 
was  homesick. 

MAY.  Those  few  days  seemed  like  ages.  Didn't 
it  seem  a  long  time,  Doris  ? 

DORIS.    Oh,  an  awfully  long  time. 

STRICKLAND.    Did  you  miss  your  daddy  ? 

DORIS.  Yes,  I  cried  every  night;  didn't  I, 
Mamma  ? 

MAY.    Yes,  you  did. 

DORIS.  And  whenever  the  clock  struck  to-day,  I 
wished  it  was  time  for  you  to  be  here.  Didn't  I, 
Mamma  ? 

STRICKLAND.  Well,  next  time  we  will  all  go  to 
gether. 

MAY.     Everything's  all  right,  then? 

STRICKLAND.    Yes ;  just  as  I  wrote  you. 

MAY.    I'm  so  glad. 

(  DORIS,  up -stage.) 

STRICKLAND.    Yes,  I  feel  easier,  too. 
MAY.     Have  you  had  your  dinner,  Robert? 
STRICKLAND.     No ;  I  was  so  anxious  to  get  home 
that  I  didn't  stop. 

MAY.    You  poor  boy,  you  must  be  famished. 
STRICKLAND.    I  could  eat  something. 


36  ON  TRIAL 

MAY.  I'll  have  Bertha  get  it  ready  for  you.  It 
won't  take  long. 

STRICKLAND.  Thanks,  dear.  (To  DORIS)  Come 
here,  to  Daddy!  (Goes  to  R.  of  table  and  sits) 

MAY.     I'm  leaving  you  in  good  hands. 

STRICKLAND.  ( DORIS  sits  on  his  knee)  Yes, 
Doris  and  I  have  lots  and  lots  of  things  to  tell 
each  other. 

(MAY  goes  out  right.) 

STRICKLAND.  Now,  young  lady,  tell  your  daddy, 
who  hasn't  seen  you  for  four  whole  days,  exactly 
what  you've  been  doing  with  every  minute  of  your 
time. 

DORIS.     (Vaguely)     Oh,  lots  of  things. 

STRICKLAND.  Well,  let's  begin  at  the  beginning. 
Monday  you  went  to  school. 

DORIS.  Yes ;  and  then  Mamma  took  me  to  Aunt 
Helen's  for  supper. 

STRICKLAND.    And  Tuesday  you  went  to  school? 

DORIS.  Yes ;  Tuesday  was  the  last  day.  Oh, 
Daddy,!  was  promoted ! 

STRICKLAND.  Of  course  you  were  promoted.  I 
didn't  expect  anything  else.  You're  in  the  grammar 
school  now? 

DORIS.     (Proudly)    Yes. 

STRICKLAND.  Oh,  dear,  oh,  dear,  at  this  rate 
you'll  soon  be  through  college. 

DORIS.  I  don't  want  to  go  to  college.  I  want  to 
be  a  cook,  with  a  big  white  apron  and  lots  of  shiny 
pans. 

STRICKLAND.    Why  do  you  want  to  be  a  cook  ? 

DORIS.  So  that  I  can  make  cookies  and  pies  and 
bread  and  give  them  to  the  heathens. 

STRICKLAND.     To  the  heathens! 

DORIS.    Yes,  I'm  learning  to  cook,  Daddy. 

STKrcKi.AXD.     Are  you  ? 

DORIS.    Yes ;  I  helped  Aunt  Helen  yesterday. 


ON  TRIAL  37 

STRICKLAND.  Were  you  at  Aunt  Helen's  yes 
terday  ? 

DORIS.  Yes,  all  day.  Because  Mamma  was 
downtown  shopping. 

STRICKLAND.     And  what  did  you  do  to-day? 

DORIS.  To-day  I  stayed  home  and  played  house. 
We  were  going  to  the  park,  but  Mamma  wanted 
to  lie  down,  so  we  didn't  go. 

STRICKLAND.     Isn't  Mamma  well? 

DORIS.     She  has  a  headache. 

STRICKLAND.     Has  she  had  it  long? 

DORIS.  No,  only  to-day.  Did  you  get  a  house, 
Daddy? 

STRICKLAND.  Yes ;  a  nice  white  house,  with  a 
large  garden. 

DORIS.     (Clapping  her  hands)     And  cows? 

STRICKLAND.  No,  no  cows;  but  lots  of  flowers 
and  a  dog. 

DORIS.    Oh  !    A  big  dog  ? 

STRICKLAND.  Yes ;  and  now  let  me  show  you 
what  Daddy  brought  you. 

DORIS.  Something  for  me?  (Crosses  to  L.  of 
table) 

STRICKLAND.    Yes,  something  for  you. 

BERTHA.     (Enters  R.)     Mr.  Trask  is  here. 

STRICKLAND.    Oh !  yes,  show  him  in. 

(BERTHA  exits  R.) 

DORIS.  Oh,  Daddy,  what's  that  shiny  thing? 
(Takes  revolver  from  bag) 

STRICKLAND.  (Takes  doll  from  bag)  That's  a 
revolver,  and  don't  you  ever  dare  touch  it.  (Puts  it 
in  bag — Unwrapping  doll)  There,  what  do  you 
think  of  that  ? 

DORIS.  Oh,  Daddy,  isn't  he  beautiful?  What 
shall  we  call  him? 


58  ON  TRIAL 

STRICKLAND.  Well,  as  he  came  from  Germany, 
suppose  we  call  him  Herman. 

TRASK.     (Enters  upper  right)     Hello,  Bob! 

(TRASK  and  STRICKLAND  shake  hands.) 

STRICKLAND.     Hello,  Jerry,  how  are  you? 
TRASK.     Fine.    Just  get  back? 

( DORIS  comes  between  them.) 

STRICKLAND.    Yes  ;  about  fifteen  minutes  ago. 

TRASK.     Everything  arranged? 

STRICKLAND.  Yes.  Oh,  you  haven't  met  Doris, 
have  you  ?  Doris,  shake  hands  with  Mr.  Trask. 

TRASK.     So  you're  Doris,  are  you? 

DORIS.     (Shyly)     Yes,  sir. 

TRASK.    Who' is  this? 

DORIS.    This  is  Herman. 

TRASK.  How  do  you  do,  Herman  ?  How  do  you 
like  America?  You're  quite  a  girl,  aren't  you? 

STRICKLAND.  Yes,  indeed ;  she's  in  the  grammar 
school  now. 

TRASK.     That's  great. 

STRICKLAND.  Oh!  here  Jerry,  sit  down,  sit 
down. 

(TRASK  sits  R.  of  table.    DORIS  sits  up  R.  c.) 

TRASK.     So  everything's  all  right,  Bob? 

STRICKLAND.  Yes ;  I  made  very  favorable  terms 
with  the  Briggs  people. 

TRASK.     When  do  you  begin? 

STRICKLAND.  In  a  few  weeks.  I  got  a  cracker- 
jack  house.  (Puts  bag  on  piano  bench) 

TRASK.     You'll  leave  soon,  then? 

STRICKLAND.  Yes ;  you  got  my  wire,  of  course. 
(Down  to  table) 


ON  TRIAL  39 

TRASK.    Yes. 

STRICKLAND.    I  want  to  take  up  that  note. 

TRASK.    Can  you  make  it?    If  you  can't  spare  it — 

STRICKLAND.  Thanks  all  the  same;  but  I  want 
to  pay  it. 

TRASK.  I  don't  mind  holding  off  for  a  few 
months.  That  ten  thousand  won't  put  me  out  of 
business. 

STRICKLAND.  No ;  I  don't  want  to  leave  any 
debts  behind  me.  I  thought  I  might  have  to  ask 
for  an  extension,  but  I  managed  to  scrape  it  to 
gether.  The  Briggs  people  helped  me  out. 

TRASK.  Well,  you  may  need  it  anyhow.  I'll  wait 
till  you  get  on  your  feet. 

STRICKLAND.  Thanks,  Jerry,  but  I  want  to  wipe 
it  out.  I'll  feel  easier.  (Back  of  table) 

TRASK.  All  right,  just  as  you  like.  Here's  the 
note.  (Gives  note  to  STRICKLAND — Business) 

STRICKLAND.  And  here's  the  money.  (Takes 
money  from  wallet  and  gives  it  to  TRASK) 

TRASK.    Why  the  bills  ? 

STRICKLAND.  Well,  I'll  tell  you.  It  was  so  darn 
hard  to  get,  that  I  just  wanted  the  pleasure  of 
handing  you  ten  one-thousand-dollar  bills.  You'd 
better  count  it. 

TRASK.     Did  you  count  it? 

STRICKLAND.    Yes. 

TRASK.    Well,  that's  good  enough  for  us. 

STRICKLAND.  You  gave  me  a  big  lift,  old  boy. 
{Pats  TRASK  on  back)  I  got  lots  to  thank  you  for. 

TRASK.  Any  time  you  need  help — (Rise's — crosses 
L.  of  table,  sits) 

STRICKLAND.  Yes,  I  know  you've  been  a  good 
pal,  Jerry,  but  I  hope  things  will  run  smoothly  now. 

TRASK.  I'm  sorry  to  see  you  go,  but  I  think  it 
will  be  a  big  thing  for  you. 

STRICKLAND.     (Sits  on  front  of  table)     Should 


40  ON  TRIAL 

have  gone  long  ago.  May  has  been  urging  me  for 
over  a  year. 

TRASK.  She  must  have  guessed  what  was  com 
ing; 

STRICKLAND.  Yes;  women  have  instincts  about 
those  things.  I  tell  you,  Jerry,  she's  one  woman 
in  a  million.  She's  stuck  to  me  like  a  major  through 
all  this  business.  Never  whimpered  a  minute; 
never  a  complaint  or  an  angry  word.  Ah,  she's  an 
ace. 

TRASK.    She  must  be. 

STRICKLAND.  You  know  it's  too  bad  you  never 
met  May;  I  want  you  to  know  her.  (Up  R.  c.) 
Doris,  dear,  run  and  tell  Mamma  that  Mr.  Trask 
is  here. 

TRASK.  Some  other  time,  Bob,  I've  got  to  hurry 
away.  By  the  bye,  I'd  like  to  have  you  come  down 
to  my  place  at  Long  Branch  Sunday.  I'm  getting  up 
a  fishing  party,  six  or  eight  of  us.  The  bass  are 
running  well  now. 

STRICKLAND.     I'll  be  glad  to  come.     (Down  c.) 

TRASK.  I'll  give  you  the  address.  (Takes  card 
from  his  pocket  and  writes  on  it)  It's  on  Hender 
son  Place — three  blocks  from  the  railroad  station. 
First  house  on  the  left. 

(STRICKLAND  pockets  card.) 

STRICKLAND.    Thanks. 

TRASK.  Better  come  down  Saturday  night,  as  we 
want  to  leave  by  five  Sunday  morning. 

STRICKLAND.    All  right,  I  will. 

TRASK.  Well,  I've  got  to  run  along.  (Crosses 
to  R.  c.  above  table,  turns  up  center') 

(MAY  enters  at  right  and  sees  TRASK,  and  is  about 
to  withdraw;  but  STRICKLAND  has  seen  her.) 


ON  TRIAL  41 

STRICKLAND.  Come  in,  dear.  (MAY  enters  right) 
I  want  you  to  meet  Mr.  Trask,  May.  Jerry,  my 
wife. 

TRASK.  (Bowing)  Delighted,  Mrs.  Strickland. 
(MAY  bows  in  silence)  I've  often  heard  Bob  speak 
of  you. 

STRICKLAND.  (Laughing)  Yes,  dear;  Jerry  has 
heard  a  lot  about  you. 

TRASK.  Well,  I've  got  to  hurry  away.  (Starts 
for  door  R.) 

STRICKLAND.  (Up  R.  c.)  Oh,  wait  just  a  few 
minutes.  Good  Heavens !  I  want  May  to  know 
you. 

TRASK.  Sorry,  but  I  can't.  Some  other  time. 
Good  night,  Mrs.  Strickland. 

MAY.     (In  a  low  voice)     Good  night! 

TRASK.  I  hope  to  have  the  pleasure  again,  Mrs. 
Strickland.  Good  night!  Good  night,  Doris!  (Goes 
out,  followed  by  STRICKLAND) 

DORIS.  Oh!  Mamma,  look  what  Daddy  brought 
me.  (MAY  crosses  c.)  But,  Mamma,  look. 

MAY.  (Brings  DORIS  to  table — To  DORIS)  Doris, 
dear,  was  he — Mr.  Trask — here  long? 

DORIS.  Yes;  they  were  talking  an  awfully  long 
time.  Daddy's  going  fishing  at  Long  Branch. 

MAY.    What  do  you  mean,  child  ? 

DORIS.  Mr.  Trask  lives  at  Long  Branch,  and 
Daddy's  going  fishing  with  him  Sunday.  Wouldn't 
it  be  funny  if  Mr.  Trask  found  your  purse, 
Mamma  ? 

MAY.     Be  quiet,  Doris. 

STRICKLAND.  (Entering  upper  R.)  Isn't  he  a 
corker?  Well,  you  weren't  very  talkative,  dear. 

MAY.  I  was  rather  taken  aback.  I  didn't  ex 
pect  to  find  a  stranger  here. 

STRICKLAND.  I  am  glad  you  two  met  at  last. 
It's  too  bad  you  didn't  get  to  know  each  other 
sooner. 


42  ON  TRIAL 

( DORIS  goes  to  piano  above  table). 

.\  1  AY.    What  brought  him  here  ? 

STRICKLAND.  I  wired  him  to  come.  I  took  up 
that  note. 

MAY.    The  note? 

STRICKLAND.  Yes;  the  ten  thousand  dollars  I 
owed  him. 

MAY.    You  mean  you  paid  it? 

STRICKLAND.     Yes.     Why,  what's  the  matter? 

MAY.  Nothing.  But  I  thought — I'm  glad  you're 
able  to. 

STRICKLAND.  Yes,  I  feel  better  too.  Although 
Jerry  would  have  given  me  as  much  time  as  I 
wanted.  He's  a  big-hearted  chap. 

MAY.     Yes. 

STRICKLAND.  He  invited  me  to  go  fishing  with 
him  to  Long  Branch  on  Sunday. 

MAY.  Oh,  I  think  Helen  will  expect  us  for 
dinner. 

STRICKLAND.  By  George!  I  never  thought  of 
that.  All  right,  I  won't  go  then. 

MAY.  No,  don't.  Besides,  I  dislike  the  idea  of 
your  being  out  in  a  boat. 

STRICKLAND.  All  right ;  I'll  phone  Jerry  in  the 
morning.  (Gets  cigarette  from  tray  on  piano — lights 
it.  Hums  all  the  while.  Then  crosses?  down  R.) 

MAY.  Yes,  do.  ( Crosses  L.  to  DORIS)  Doris, 
dear,  run  off  to  bed  now. 

DORIS.     Oh,  Mamma,  please 

MAY.  No;  you  should  have  been  there  long 
ago. 

DORIS.     Just  five  minutes. 

MAY.     No,  not  a  second.     Run  away,  dear. 

DORIS.     But  I  want  to  talk  to  dad. 

MAY.  You  can  talk  to  daddy  in  the  morning. 
He's  tired,  too.  Now  kiss  daddy  good-night. 

DORIS.     (Crosses  right)     Good-night,  daddy. 


ON  TRIAL  43 

STRICKLAND.    Good-night,  sweetheart.     (Kissing 
her)     Sleep  soundly.    Oh,  hang  this  up  for  daddy- 
(  Gives  her  his  vest—  Sits  on  sofa  R.) 
^   DORIS       (Kissing  MAY)      Good-night,   Mamma. 

MAY.     Good-night,  my  little  girl.     Now,  in  you 

g°DoRis.      Come  on,  Herman.      (Carrying  doll- 

Exits  left) 

MAY.    Mamma  will  look  in  at  you  later. 
DORIS.     Leave  the  door  open. 
MAY.    All  right,  Sweetheart.     (Crosses  R.)     On 
Robert,  I've  read  your  letter  a  dozen  times  ;  I  i< 
as  though  I  knew  every  nook  and  corner  of 
house.     I'm  so  anxious  to  go  ;  I  wish  we  were  then 
already.     (Crosses  to  sofa  and  sits) 
STRICKLAND.    We'll  be  there  soon. 
MAY.     How  soon? 
STRICKLAND.    Why,  as  soon  as  we  can  get  ready  ; 

say,  two  weeks. 

MAY.    Oh,  as  long  as  that? 
STRICKLAND.    Well,  ten  days,  if  you  like. 
MAY.     Let's  go  next  week.     I  have  grown  to  d 

But  we've  waited  so  long;  a  few 

;  we've  waited  so  long  that 

it's  gotten  on  my  nerves. 

STRICKLAND.    Aren't  you  well,  dear.' 
MAY.    Yes,  certainly  ;  why  do  you  ask  t 
STRICKLAND.     Doris  says  you  aren't  feeling  >well 

°"MAY  That  child  gets  such  queer  notions  in  her 
little  head.  I  was  a  trifle  excited  about  your  home 
coming  ;  that  was  all.  It's  the  first  time  we've  been 


.    Yes,  and  the  last,  let  us  hope. 
MAY.    We'll  go  next  week,  then? 
STRICKLAND.     Why,  it's  scarcely  time. 


44  ON  TRIAL 

be  some  things  to  buy. 

MAY.  We  can  get  almost  everything  we  need 
when  we  arrive. 

STRICKLAND.  Still,  when  you're  breaking  up 
housekeeping  there  are  always  odds  and  ends. 

MAY.    That  won't  take  long — a  day  or  two. 

STTRICKLAND.    You'll  need  a  traveling  dress. 

MAY.     I'll  buy  one  ready-made. 

STRICKLAND.  I  know  you've  been  looking  al 
ready  ;  Doris  said  you  were  shopping  yesterday. 

MAY.  Yes,  I  was  looking  for  a  traveling  dress, 
but  I  couldn't  get  anything  to  suit  me. 

STRICKLAND.  Well,  wait  a  minute ;  I've  been  do 
ing  a  little  shopping  myself.  (Gets  box  from  bag) 

MAY.    For  me?    (Crosses  to  him) 

STRICKLAND.     Yes,  for  you. 

MAY.  Oh,  Robert,  I'll  be  so  happy  to  get  away ; 
I'll  start  packing  to-morrow. 

(BERTHA  enters  upper  right.) 

BERTHA.  There's  a  Mr.  Burke  here  to  see  you, 
Mrs.  Strickland. 

STRICKLAND.  (Above  table  to  MAY)  Who's  Mr. 
Burke? 

MAY.    Why,  I  don't  know. 

STRICKLAND.    Tell  him  to  come  in,  Bertha. 

BERTHA.     Will  you  come  in,  please? 

( BURKE  enters,  BERTHA  exits.)  . 

MAY.     Mr.  Burke. 

BURKE.     Yes,   ma'am.     Are  you   Mrs.    Robert 
Strickland,  mum? 
MAY.     Yes. 

BURKE.    I  don't  like  to  bother  you,  ma'am 

STRICKLAND.     Sit  down,  Mr.  Burke. 

BURKE.     (Seating  himself  on  sofa — right)  Thank 


ON  TRIAL  45 

you,  sir.    I  found  a  purse  that  belongs  to  you,  mum, 
I  think. 

MAY.  Robert,  dear,  your  dinner  will  be  ready 
now ;  you'd  better  go  in  before  it  gets  cold. 

STRICKLAND.    I  can  wait  a  few  minutes. 

MAY.    Perhaps  Mr.  Burke  will  excuse  you. 

BURKE.  I'll  only  take  a  minute,  mum ;  I've  come 
all  the  way  from  Long  Branch. 

STRICKLAND.  Have  you  lost  a  purse,  May? 
(Takes  'string  from  box) 

MAY.    Why,  no ;  I  don't  think  so.     (Down  c.) 

BURKE.     Are  you  sure,   mum? 

MAY.    Positive. 

STRICKLAND.  Where  did  you  find  the  purse  Mr 
Burke  ? 

BURKE.  On  the  platform  of  a  railroad  station  at 
Long  Branch  last  night.  I'm  the  news  agent  there. 

STRICKLAND.  Long  Branch?  Then  it  can't  be 
yours,  May? 

MAY.  Certainly  not.  Mr.  Burke  has  evidently 
made  a  mistake. 

BURKE.  There  are  a  half-a-dozen  cards  in  it, 
with  your  name  and  address  on  them. 

STRICKLAND.     That  seems  strange. 

MAY.     Perhaps  one  of  my  friends. 

STRICKLAND.  What  kind  of  a  purse  is  it,  Mr 
Burke  ? 

BURKE.  Well,  if  you  haven't  lost  one?  (Rises 
and  goes  up  a  step) 

STRICKLAND.  (Crosses  R.)  It's  just  possible 
that  you've  made  a  mistake,  May.  Let  Mrs.  Strick 
land  look  at  it  ? 

BURKE.    I'd  rather  have  you  describe  it  first. 

STRICKLAND.  Oh,  yes,  of  course.  You  haven't 
more  than  two  or  three  purses,  May ;  describe  them 
to  Mr.  Burke. 

MAY.    But  I  haven't  lost  a  purse. 

STRICKLAND.      (Crosses   L.,   unwraps   box)      I 


46  ON  TRIAL 

know ;  but  it  would  only  take  a  moment  to  describe 
them. 

MAY.      (Crosses  R.  c.)     Well,  there's  my  mesh 
bag,  with  the  oxidized  silver  purse. 
BURKE.    No,  that's  not  it. 

MAY.     Oh !  Robert,  there's  that  green  leather  bag 
you  gave  me  for  my  birthday— 

BURKE.   (Rising)   I  guess  this  isn't  yours.    (Goes 
up  center) 

MAY.     No,  I  knew  it  wasn't.     (Down  c.) 
STRICKLAND.     (Crosses  R.  c.)     Wait  a  moment; 
you've  forgotten  that  Frenchy  black  velvet  affair  you 
usually  carry. 

BURKE.    What  kind  ? 

STRICKLAND.    Black  velvet  with  a  gold  clasp. 
BURKE.     (Comes  down  R.  and  takes  purse  from 
pocket — Holding  up  purse)     This  it? 

STRICKLAND.  Why,  yes,  of  course;  isn't  it, 
May?  (Takes  purse) 

MAY.     (Faintly)     Yes,  it  looks  like  it.    I— 
STRICKLAND.     You  see,  you  were  so  positive 

MAY.     I  don't  understand. 
BURKE.     How  much  was  in  it,  mum? 
MAY.     About  forty  dollars,  I  think. 
BURKE.     That's  right.     Thirty-eight  dollars  and 
seventy-five  cents ;  count  it,  sir. 

STRICKLAND.     (Counting    money)       That's    the 
amount  that's  here?    Is  that  correct,  May? 
MAY.    Why,  yes,  I  think  so. 

STRICKLAND.  (Puts  money  back  in  purse  and 
closes  it)  You  say  you  found  this  at  Long  Branch, 
Mr.  Burke? 

BURKE.  Yes,  sir.  On  the  platform,  last  night. 
There  was  a  slip  of  paper  in  it,  with  a  Long  Branch 
address  written  on  it— 206  Henderson  Place, 
didn't  get  a  chance  to  go  around  there  until  this 
evening,  as  it's  a  good  bit  out  of  my  way.  There 
was  nobody  home  but  an  old  housekeeper.  She  said 


ON  TRIAL  47 

she  didn't  know  anyone  named  Strickland,  but 
there'd  been  a  lady  there  yesterday ;  so  I  thought  I'd 
come  to  the  address  on  the  card. 

STRICKLAND.  I  see.  Well,  we're  greatly  obliged 
to  you,  Mr.  Burke. 

( BURKE  starts  to  exit.) 

STRICKLAND.  Hold  on,  wait  a  minute.  You'r  en 
titled  to  some  compensation  for  your  trouble. 
(Gives  him  some  bills) 

BURKE,     (Pleased)     Thank  you  very  much,  sir. 

STRICKLAND.     Not  at  all ;  we're  indebted  to  you. 

BURKE.  Well,  I  always  say  that  honesty  is  the 
best  policy. 

STRICKLAND.     Quite  right. 

BURKE.  Yes,  I  found  it  so.  Well,  good-night, 
mum.  Good-night,  sir. 

STRICKLAND.  Let  me  show  you  to  the  door. 
(Crosses  R.) 

BURKE.  Thank  you,  sir.  (He  goes  out,  followed 
by  STRICKLAND) 

( DORIS  enters  left.) 

DORIS.  Oh,  Mamma,  you  found  your  purse, 
didn't  you  ? 

MAY.    Yes,  darling;  now  run  away  to  bed. 

DORIS.     But  I  can't  sleep. 

MAY.  But  you  must  sleep,  dear.  Try,  try  dear, 
just  a  little  while.  There's  a  good  little  girl.  (Takes 
her  left  DORIS  enters  door,  left) 

(STRICKLAND  re-enters;  puts  purse  on  table.) 

STRICKLAND.  It's  strange  you  didn't  know  you 
lost  your  purse.  You  almost  drove  the  man  away. 
What  made  you  so  insistent? 


48  ON  TRIAL 

MAY.     I  didn't  want  you  to  think  I'd  been  care- 

STRICKLAND.     (Surprised)     Oh,  then  you  knew 
you'd  lost  your  purse. 

MAY.     Why,  I 

STRICKLAND.    Did  you  know  ? 

MAY.    Yes  ;  I  missed  it  last  night.     (Facing  him) 

STRICKLAND.      But   why    did   you   pretend   you 

didn't  know  ? 

MAY.    I  thought  you'd  be  angry  if  you  knew  1  d 

lost  the  purse. 

STRICKLAND.     But  why  on  earth - 

MAY.     It  was  careless  of  me  to  lose  it. 

STRICKLAND.    But,  my  dear  girl 

MAY.    I  just  didn't  want  to  worry  you. 
STRICKLAND.    Well,  I  wouldn't  be  likely  to  worry 
about  a  recovered  purse,  would  I?      (Exits  R.  of 
table) 

MAY.     It  was  foolish. 

STRICKLAND.     How  did  the  purse  get  to  Long 
Branch?    You  weren't  there  yesterday.    (MAY  does 
not  answer)     Were  you? 
MAY.    Yes. 
STRICKLAND.     But  you  said  before  that  you  d 

been  shopping. 

MAY.     That  was  on  account  of  Doris.     (Lowes 

to  table) 

STRICKLAND.    On  account  of  Doris  ? 
MAY      Yes;  she  wanted  to  know  where  I  was 
soing.     (Sits  L.  of  table)     If  I  had  told  her  I  was 
going  to  the  seashore,  she  would  have  teased  me 
take  her  along. 

STRICKLAND.     But  you  told  me  the  same 
after  Doris  had  gone  to  bed. 

MAY.     Did  I?    I  couldn't  have  been  thinking  of 
what  I  was  saying. 

STRICKLAND.    Yes,  you  even  mentioned  that  yoi 
were  looking  for  a  traveling  dress. 


ON  TRIAL  49 

MAY.  Queer,  isn't  it?  My  thoughts  must  be 
wandering  to-night.  The  excitement  of  your  home 
coming,  and  all  that.  (Rises) 

STRICKLAND.    What  took  you  to  Long  Branch? 

(BERTHA  enters.) 

MAY.    What  is  it,  Bertha  ? 
BERTHA.  •  Mr.  Strickland's  dinner  is  ready. 
STRICKLAND.     All  right,  Bertha;  I'll  be  there  in 
a  moment. 

(BERTHA  exits  right  upper.} 

MAY.  You'd  better  go  in,  Robert ;  everything  will 
get  cold.  (Up  behind  table) 

STRICKLAND.     In  a  moment. 

MAY.  But  you  must  eat,  dear ;  you'll  be  ill  if  you 
don't. 

STRICKLAND.  Just  tell  me  about  Long  Branch. 
I  don't  quite  understand  it. 

MAY.  I'll  tell  you  some  other  time.  I'm  tired 
now,  and  your  dinner  is  waiting. 

STRICKLAND.  Won't  you  tell  me  why  you  went 
down  there?  (She  goes  L.  a  step)  You  didn't 
write  that  you  were  going?  Why  are  you  acting 
so  strangely,  dear?  (Takes  her  in  his  arms) 

MAY.  I'm  not  acting  strangely.  Of  course  I'll 
tell  you  why  I  went  down.  I  went  down  to  see  a 
friend. 

STRICKLAND.  I  didn't  know  you  had  friends  at 
Long  Branch. 

MAY.     You  don't  know  her. 

STRICKLAND.    Who  is  she  ? 

MAY.     Ruth  Green  is  her  name. 

STRICKLAND.    Who's  Ruth  Green? 

MAY.    An  old  school  friend  of  mine. 

STRICKLAND.    Have  I  ever  met  her  ? 


50  ON  TRIAL 

MAY.    No ;  and  I  haven't  seen  her  for  years. 

STRICKLAND.  Then  how  did  you  happen  to  go 
down  to  see  her  yesterday? 

MAY.    She  wrote,  asking  me  to  come  down. 

STRICKLAND.  (R.,  a  few  steps)  You  haven't  met 
her  for  years,  then  she  suddenly  asks  you  to  come 
down  to  Long  Branch  to  see  her.  Why  didn't  she 
come  to  see  you? 

MAY.  She's  critically  ill,  and  she  wanted  to  see 
me  again.  So  she  had  me  looked  up.  We  used  to 
be  quite  intimate  in  school. 

STRICKLAND.  How  did  she  manage  to  write,  if 
she's  so  ill? 

MAY.     Someone  wrote  for  her. 

STRICKLAND.  From  what  is  she  suffering? 
(Crosses  to  her) 

MAY.     Why — pneumonia. 

STRICKLAND.     Oh,  she's  dangerously  ill  then? 

MAY.     Oh,  yes. 

STRICKLAND.  But  Burke  said  there  was  no  one 
there. 

MAY.    Burke — ? 

STRICKLAND.  Yes — at  the  Henderson  Place  ad 
dress.  The  house  he  went  to.  He  said  he  found 
only  an  old  housekeeper. 

MAY.  Oh,  yes,  I  remember ;  they  said  they  were 
going  to  remove  her  to  a  hospital  to-day. 

STRICKLAND.    With  pneumonia  ? 

MAY.     Yes — there  are  serious  complications. 

STRICKLAND.  I  see.  (Crosses  R.  and  sits  on 
sofa) 

MAY.    Your  dinner  won't  be  fit  to  eat,  Robert. 

STRICKLAND.  Never  mind  about  it ;  I'm  not  hun 
gry.  Just  be  patient  with  me  for  a  few  minutes 
more.  (Sits  on  sofa,  right) 

MAY.  What  are  you  thinking  about,  Robert? 
(Sits  L.  of  table) 

STRICKLAND.     (Crosses  c.)     I'd  like  to  see  that 


ON  TRIAL  5* 

letter  from  Miss  Green. 

MAY.    I  can't  show  it  to  you. 

STRICKLAND.    Why  not  ? 

MAY.  Because  it  contains  some  personal  matters 
that  she  wouldn't  want  anyone  but  me  to  know 
about. 

STRICKLAND.    But  she  didn't  write  the  letter  her 

self. 

MAY.     No  —  her  mother  wrote  it  for  her. 

STRICKLAND.     Oh,  she  has  a  mother? 

MAY.     Certainly  she  has  a  mother. 

STRICKLAND.  (Sits  on  edge  of  table)  In  other 
words,  your  friend  whom  you  haven't  seen  for 
years  chooses  a  moment  when  she  is  critically  ill  to 
get  her  mother  to  write  to  you  concerning  matters 
which  your  husband  daren't  know  anything  about  ? 
Is  that  correct  ? 

MAY.     Yes  ;  but  there's  nothing  strange  about  it. 

STRICKLAND.  Perhaps  not.  (Crosses  R.  c.) 
Still,  I'd  like  to  see  the  letter.  I  don't  want  to  read 
it.  I  only  want  to  look  at  it. 

MAY.     Why  do  you  want  to  see  it? 

STRICKLAND.  (Sits  R.  of  table)  I  want  to  know 
why,  if  you  had  a  letter  containing  your  friend's  ad 
dress,  you  went  to  the  trouble  of  copying  it  on  an 
other  piece  of  paper. 

MAY.  Who  said  I  copied  it  on  another  piece  of 
paper  ? 

STRICKLAND.  Burke.  He  said  the  purse  con 
tained  the  Henderson  Place  address  on  a  piece  of 
paper. 

MAY.     Oh,  that  was  because  —  I  $d  that  to  — 


(Rises  and  goes  L.  a  step) 

STRICKLAND.      (Goes  to  her  with  hands  on  her 
shoulders)      May,  you're  keeping  something  from 


me. 


MAY.     Don't  say  that,  Robert.     Why  should  I 
keep  anything  from  you? 


$2  ON  TRIAL 

STRICKLAND.  I  don't  know ;  but  you  are,  never 
theless.  What  is  it,  May  ? 

MAY.    There  is  nothing. 

STRICKLAND.  There  is.  I've  never  seen  you  like 
this  before.  Won't  you  tell  me  ? 

MAY.  There's  nothing,  dear — nothing!  (Down  L.) 

STRICKLAND.  Well,  then  I  can't  see  why  you 
have  any  great  objection  to  showing  me  the  letter? 

MAY.     I  can't  show  it  to  you. 

STRICKLAND.  .  You  can't  ? 

MAY.    No ;  I  destroyed  it. 

STRICKLAND.    Oh,  you  destroyed  it  ? 

MAY.    Yes. 

STRICKLAND.    Why  ? 

MAY.     I  never  keep  letters. 

STRICKLAND.  Why  didn't  you  say  so  in  the  first 
place  ? 

MAY.     Say  what  in  the  first  place? 

STRICKLAND.     That  you  destroyed  the  letter. 

MAY.  Because  you're  cross-examining  me  as 
though  I  were  a  criminal.  My  head's  whirling  like  a 
top.  I  can't  stand  it  much  longer.  (Up  L.) 

STRICKLAND.  (Up  to  table)  May,  dear,  I  don't 
want  to  hurt  you.  Won't  you  tell  me  what's  trou 
bling  you?  We've  never  before  had  secrets  from 
each  other. 

MAY.  But  there's  nothing  to  tell — there's  nothing 
to  tell. 

STRICKLAND.  I'll  have  to  find  out  for  myself, 
then.  (Sits  in  chair  right  of  table)  I  didn't  look 
for  this  kind  of  a  home-coming.  (He  relapses  into 
silence) 

MAY.  (Above  table — Pause)  What  are  you 
thinking  about  now?  (He  does  not  answer)  I  wish 
you'd  eat  your  dinner  instead  of  exciting  yourself 
about  nothing. 

STRICKLAND.  Henderson  Place.  Where  is  that 
card  Trask  gave  me?  (Searches  in  his  pockets) 


ON  TRIAL  53 

MAY.     (L.  of  table)    What  are  you  talking  about  ? 

STRICKLAND.  (Finding  card)  Here  it  is!  What's 
this?  "  14  right,  2,  27—"  No,  that's  not  it.  Yes— 
206  Henderson  Place.  206!  (Rises)  That's  the 
very  number  Burke  mentioned,  isn't  it  ? 

MAY.     I  don't  know;  I  dont  know. 

STRICKLAND.     (Crosses  R.  c.)     Is  it,  or  isn't  it? 

MAY.     I  don't  know. 

STRICKLAND.  I'll  soon  find  out.  (He  reaches 
for  purse  on  table,  which  MAY  seizes  first)  Let 
me  have  that  purse. 

MAY.    What  do  you  want  it  for  ? 

STRICKLAND.     I  want  to  see  that  address. 

MAY.    There's  no  address  there. 

STRICKLAND.    Give  me  that  purse. 

MAY.    No,  Robert! 

STRICKLAND.  I  want  that  purse;  do  you  hear 
me? 

MAY.    Robert ! 

STRICKLAND.     Will  you  give  it  to  me,  or  not  ? 

MAY.     Please— Robert. 

(He  snatches  the  purse  from  her;  she  gives  a  little 
scream;  STRICKLAND  opens  the  purse;  scatters 
the  contents  on  the  table;  he  searches  through 
them  until  he  finds  zvhat  he  is  looking  for.) 

STRICKLAND.  This  is  it.  206  Henderson  Place. 
(  R.  of  table )  Trask's  address.  So  that's  where  you 
were?  Well,  what  have  you  got  to  say? 

MAY.     (Down  L.    Desperately)     I'll  tell  you. 

STRICKLAND.  Wait  a  moment.  It  was  Trask's 
house  you  went  to,  wasn't  it  ? 

MAY.     Yes. 

STRICKLAND.  Then  your  friend — then  her  mother 
— and  the  letter  you  destroyed  were  all  lies,  werent' 
they? 

MAY.    Yes,  but  listen  to  me. 


54  ON  TRIAL 

STRICKLAND.  Go  ahead,  I'm  listening.  (Sits  R. 
of  table)  I  want  to  know  why  you  went  to  Trask's 
house. 

MAY.  I'm  going  to  tell  you,  if  you'll  only  be 
patient. 

STRICKLAND.    Go  on. 

MAY.  I'd  heard  you  say  that  Mr.  Trask  had  a 
home  at  Long  Branch. 

STRICKLAND.    Well  ? 

MAY.    When  you  wrote  to  me  about  the  house — 

STRICKLAND.     Well — why  are  you  stopping? 

MAY.    You  frighten  me. 

STRICKLAND.     Go  on. 

MAY.  Well,  I  don't  know  much  about  house 
planning,  and  I  wanted  to  see  a  well  planned  house. 

So  I  went  down  to  Long  Branch  to  look  through 
Mr.  Trask's  house. 

STRICKLAND.     \Vith  him? 

MAY.  No,  alone;  the  housekeeper  showed  me 
through. 

STRICKLAND.  So  that's  why  you  went  down — 
to  look  at  the  house  ? 

MAY.    Yes. 

STRICKLAND.  Then  why  have  you  been  lying  to 
me? 

MAY.     I  thought  you  might  not  like  it. 

STRICKLAND.    Why  did  you  think  that? 

MAY.  I  don't  know ;  it  was  a  foolish  thing  to  do 
—going  to  a  stranger's  house;  and  your  manner 
seemed  so  suspicious — you  forced  me  into  it. 
(Down  L.  a  step) 

STRICKLAND.  When  I  introduced  you  lo-night 
you  pretended  you'd  never  met  each  other? 

MAY.     We  hadn't. 

STRICKLAND.  How  did  you  know  his  address 
then  ? 

MAY.   I  called  him  up. 

STRICKLAND.     You  called  him  up? 


ON  TRIAL  55 

MAY.  Yes,  of  course ;  I  couldn't  go  without  ask 
ing  his  permission. 

STRICKLAND.  So  you  called  him  up  to  ask  per 
mission  to  visit  his  house — a  man  you'd  never  met. 

MAY.  He's  a  friend  of  yours — I  didn't  see  any 
harm. 

STRICKLAND.    What  did  he  say? 

MAY.     He  said  he  didn't  mind  at  all. 

STRICKLAND.    And  he  gave  you  his  address  ? 

MAY.     Yes. 

STRICKLAND.    Over  the  phone? 

MAY.    Yes. 

STRICKLAND.  (Half  mad)  That's  the  last  lie 
you'll  tell  me.  (Rises  and  goes  up  R.) 

MAY.    What  do  you  mean  ? 

STRICKLAND.  I  mean  that  this  address  is  in 
Trask's  handwriting.  (Crosses  to  her) 

(MAY  with  a  cry  sits  L.  of  table.) 

STRICKLAND.  I  want  the  truth  now.  You  met 
Trask  before  to-night? 

MAY.     Yes. 

STRICKLAND.     He  came  here. 

MAY.     Yes. 

STRICKLAND.    When  ? 

MAY.    Night  before  last. 

STRICKLAND.  And  you  arranged  to  go  down  there 
yesterday?  He  was  there?  You  went  down  there 
to  meet  him — my  God !  (  Up  R.  c.) 

MAY.     Robert,  dear. 

STRICKLAND.  May,  why  did  you  go  down  there  ? 
— I'm  waiting. 

MAY.  Because — no,  no,  I  can't  tell  you;  I  can't 
tell  you.  (Crosses  R.) 

STRICKLAND.  May,  if  you  love  me — if  you  ever 
loved  me 

MAY.    I  can't— I  caa't! 


36  ON  TRIAL 

STRICKLAND.  You  can't  tell  me?  You  mean — 
No!  Say  it's  not  true!  (She  does  not  answer) 
Won't  you  answer?  Is  it  true? 

MAY.  Robert,  dear,  you  mustn't  ask  me  any 
more  questions,  because  I  can't  answer  them.  There 
is  something  I  can't  tell  you.  You  must  trust  me, 
Robert.  We've  loved  each  other  all  these  years. 
Believed  in  each  other.  You're  everything  that  life 
means  to  me — you  and  Doris.  We're  going  away 
now,  to  begin  a  new  life.  Perhaps  some  day  when 
we  are  in  our  new  home  I'll  tell  you,  but  not  now. 
You've  always  believed  in  me ;  believe  in  me  now. 

STRICKLAND.  I  do — I  do  !  But  there's  one  thing 
you  must  tell  me.  What  have  you  been  to  Trask? 
(MAY  drops  on  sofa,  sobbing.  STRICKLAND  starts 
c.  looks  at  door  L.,  buries  his  face  in  his  hands — 
groans — starts  for  door  R.,  stops — rushs  to  bag,  gets 
revolver  and  rushes  off  R. — Door  slam) 

MAY.      (Sobbing  on  sofa — Gets  up goes  up 

center)  Robert!  Robert!  He's  gone!  He's 
gone!  If  he  finds  him,  he'll  kill  him.  His  whole 
life  will  be  ruined.  Robert,  my  husband,  my  hus 
band.  (Rushes  to  'phone)  Hello,  hello!  give  me 
182  River 

DORIS.  (Rushes  from  left)  Oh,  Mamma,  I  m 
afraid — I'm  afraid. 

MAY.  ( Takes  her  in  her  arms)  Oh,  my  darling ! 
My  baby!  (Takes  DORIS  in  her  arms)  My  little 
girl !  HELLO !  HELLO  ! 

Curtain. 


ON  TRIAL  57 

SCENE  III. 
(DoRis  heard  sobbing.) 
DORIS.     I'm  afraid,  I'm  afraid. 

(Lights  go  up  on  Court  Room  scene.) 

DORIS.  (Sobbing)  I'm  afraid ;  I'm  afraid.  (On 
witness  stand) 

ARBUCKLE.  Don't  cry,  Doris.  I  won't  be  much 
longer.  Whom  did  your  mother  call  up? 

DORIS.     Mr.  Trask ;  but  he  wasn't  there. 

ARBUCKLE.    How  do  you  know  he  wasn't  there  ? 

DORIS.     Because  Mamma  said,  I  will  call  again. 

ARBUCKLE.    Then  what  did  she  do? 

DORIS.  She  cried  and  walked  up  and  down  the 
room  and  said  lots  of  terrible  things. 

ARBUCKLE.     What  did  she  say? 

DORIS.  Why  didn't  I  tell  him?  Why  didn't  I 
tell  him? 

ARBUCKLE.     What  then? 

DORIS.  Then  I  cried,  too,  because  I  was  afraid. 
I  wanted  to  talk  to  her,  but  she  wouldn't.  I  was 
awfully  afraid.  I'm  afraid  now.  (She  cries) 

ARBUCKLE.  Don't  cry,  Doris.  It  will  only  be  a 
few  minutes  longer;  then  we'll  be  through  with 
you. 

DORIS.     (Crying)     I  want  my  Mamma. 

ARBUCKLE.  Try  not  to  cry.  Just  a  little  while 
longer.  (Takes  her  hand  from  her  face)  That's 
a  good  girl.  Are  you  listening  to  me? 

DORIS.     (Choking  back  a  sob)     Yes,  sir. 

ARBUCKLE.    Did  your  mother  call  up  again  ? 

DORIS.  Yes,  sir ;  and  she  said :  "  Is  that  you, 
Gerald  Trask?"  I  don't  want  to  talk  any  more. 
My  head  hurts,  and  I'm  afraid. 

ARBUCKLE.     Don't  be  afraid.     We'll  be  finished 


58  ON  TRIAL 

in  a  moment.  Your  mother  said :  "  Is  that  you, 
Gerald  Trask 

DORIS.    Yes,  sir. 

ARBUCKLE.    What  happened  then? 

DORIS.    Then — then — oh,  I  don't  know. 

ARBUCKLE.  Yes,  you  do,  Doris.  Just  try  to 
think.  You've  told  me  about  it  a  great  many 
times. 

DORIS.     I  don't  remember. 

ARBUCKLE.  Try  to  think  a  moment.  Be  a  brave 
girl.  Did  you  hear  a  noise  through  the  telephone? 

DORIS.     Yes,  sir. 

GRAY.  (Rises)  If  the  Court  please,  I  must  again 
insist  that  my  friend  refrain  from  leading  the  wit 
ness. 

ARBUCKLE.  I  submit,  Your  Honor,  that  the  child 
is  laboring  under  a  terrific  strain,  and  that  I  must  be 
allowed  some  latitude. 

DINSMORE.    Try  not  to  lead  the  witness. 

(GRAY  sits.) 

ARBUCKLE.    You  say  you  heard  a  noise,  Doris  ? 

DORIS.     Yes,  sir. 

ARBUCKLE.     What  kind  of  a  noise  was  it? 

DORIS.  I  don't  know — a  funny  noise — like  a  little 
firecracker. 

ARBUCKLE.  And  what  did  your  mother  do  when 
she  heard  the  noise? 

DORIS.  She  screamed  and  said :  "  My  God,  he's 
killed  him !  "  Please  let  me  go.  I  don't  want  to 
talk  any  more 

ARBUCKLE.  Just  one  more  question,  and  you'll  be 
all  through. 

DORIS.    I  don't  want  to. 

ARBUCKLE.  What  did  your  mother  do  after  she 
said,  "  My  God,  he's  killed  him?" 

DORIS.     She  took  me  in  her  arms  and  kissed  me 


ON  TRIAL 


59 


and  said,  "  Good-bye,"  and  I  cried  because  it  hurt 
when  she  kissed  me. 

ARBUCKLE.     Did  she  go  away  then  ? 

DORIS.     Yes. 

ARBUCKLE.  And  have  you  seen  your  mother 
since  that  night? 

DORIS.     (Sobbing)     No,  no ;  I  want  to  see  her. 

ARBUCKLE.    Do  you  know  where  she  is  ? 

DORIS.  (Sobbing)  No,  no— please  tell  me.  I 
want  to  see  her.  I  want  to  see  her.  Daddy  dear— 
(Ring — She  starts  down  steps  of  s'tand — ARBUCKLE 
catches  her  in  his  arms)  Why  did  you  make 
Mamma  cry  and  run  away  from  me  ? 

ARBUCKLE.  (Catches  her  in  his  arms)  That's 
the  child's  story,  Your  Honor. 

STRICKLAND.  For  God's  sake,  you're  torturing 
my  little  baby. 

GRAY.  I  move  that  the  child's  testimony  be 
stricken  out. 

DINSMORE.     (Raps  once)     Silence. 

STRICKLAND.  (Rises)  You're  torturing  my  lit 
tle  girl. 

Curtain. 
ACT  III. 
SCENE  ONE. 
SCENE:  The  Court  Room. 

DINSMORE.  Mr.  Gray,  have  you  seen  Mr.  Ar- 
buckle  this  morning? 

GRAY.    No,  Your  Honor,  I  have  not. 

DINSMORE.  (Looking  at  his  watch — As  JUDGE 
looks  at  his  watch  several  of  the  jury  look  at  their 
watches)  It's  twenty  minutes  after  ten.  Mr. 
Daniels ! 


60  O1J  TRIAL 

CLERK.     (Rises)     Yes,  Your  Honor. 

DINSMORE.  Just  call  up  Mr.  Arbuckle's  office 
and  find  out  what's  detaining  him. 

CLERK.  Yes,  Your  Honor.  (Goes  right — AR- 
BUCKLE  enters,  breathless,  with  bag — puts  bag  on 
table  L.)  Here's  Mr.  Arbuckle,  Your  Honor. 

DINSMORE.  (Sharply)  This  court  convenes  at 
ten  o'clock,  Mr.  Arbuckle. 

ARBUCKLE.  (Crosses  c.)  I  must  ask  Your 
Honor  to  excuse  me.  I  have  been  working  all  night 
on  this  case.  There  has  been  an  unexpected  de 
velopment  over  night.  Last  evening  Mrs.  Strick 
land,  the  wife  of  the  defendant,  came  to  my  house. 
It  seems  that  she  became  dangerously  ill  after  the 
catastrophe,  and  it  is  only  the  realization  of  the  im 
portance  of  her  testimony  that  has  enabled  her  to  be 
in  condition  to  take  the  witness  stand.  She  has  told 
me  a  story,  Your  Honor,  which  puts  an  entirely  dif 
ferent  aspect  upon  this  case. 

GRAY.  I  object  to  counsel  commenting  upon  the 
testimony  of  a  witness  who  has  not  yet  been  called. 

ARBUCKLE.  Very  well,  Your  Honor.  I  shall 
call  Mrs.  Strickland  at  once.  Her  testimony  will 
require  no  comment.  Call  Mrs.  Strickland,  please. 
(Talks  to  JUDGE — ATTENDANT  opens  door  left  and 
calls) 

ATTENDANT.     Mrs.  Strickland. 

(MAY  enters  left.    Stands  below  table  L.) 

ARBUCKLE.  (Crosses  to  her — takes  her  hand — 
helps  her  to  stand)  Kindly  take  the  stand,  please. 

(MAY  does  so.) 

CLERK.  Raise  your  right  hand,  please.  Do  you 
solemnly  swear  that  the  testimony  you  are  about 
to  give  will  be  the  truth,  the  whole  truth  and  noth- 


ON  TRIAL  61 

ing  but  the  truth,  so  help  you  God?  Wat's  your 
name? 

MAY.     May  Deane  Strickland. 

ARBUCKLE.  Now,  Mrs.  Strickland,  you  are  the 
wife  of  Robert  Strickland,  the  defendant? 

MAY.    Yes,  sir. 

ARBUCKLE.    When  were  you  married? 

MAY.    July  15,  1903. 

ARBUCKLE.     Did  you  know  Gerald  Trask? 

MAY.     Yes,  sir,  I  did. 

ARBUCKLE.    When  did  you  first  meet  Mr.  Trask  ? 

MAY.    In  March,  1900. 

ARBUCKLE.  That  was  before  you  knew  Mr. 
Strickland  ? 

MAY.    Yes,  sir;  more  than  two  years  before. 

ARBUCKLE.    How  old  were  you  at  that  time? 

MAY.     Just  seventeen. 

ARBUCKLE.    Where  did  you  meet  Mr.  Trask  ? 

MAY.     At  Lakewood. 

ARBUCKLE.  Now,  Mrs.  Strickland,  describe  your 
relations  with  Mr.  Trask  at  that  time. 

MAY.  He  was  very  attentive  to  me  and  took  me 
about  a  good  deal.  About  ten  days  after  I  met  him 
I  returned  to  the  city,  and  he  came  back  too.  He 
kept  sending  me  things  and  taking  me  out.  Then 
one  day  he  asked  me  to  marry  him. 

ARBUCKLE.    When  was  that? 

MAY.     In  April,  1900. 

ARBUCKLE.     Did  you  accept  him? 

MAY.     Not  the  first  time.     I  asked  him  to  wait. 

ARBUCKLE.     What  did  he  say? 

MAY.  He  said  he  would  wait  as  long  as  I  wanted 
him  to.  But  every  time  he  saw  me  he  spoke  to  me 
about  it — telling  me  how  much  he  loved  me  and  how 
much  I  meant  to  him.  He  seemed  so  earnest  and 
sincere  that  I  believed  everything  he  said.  At  last 
I  yielded  and  consented  to  marry  him. 

ARBUCKLE.     When  was  that? 


62  ON  TRIAL 


MAY.  On  the  iQth  of  May.  He  said  he  wanted 
to  be  married  next  day.  But  on  account  of  his 
family  he  couldn't  let  it  be  known  for  awhile,  so 
we'd  have  to  be  married  secretly.  Next  day  he 
called  for  me  in  his  automobile  and  said  we  were 
going  to  a  hotel  in  Great  Neck,  Long  Island,  to 
meet  a  clergyman  with  whom  he  had  made  arrange 
ments.  We  got  to  Great  Neck  at  about  seven 
o'clock  that  evening. 

ARBUCKLE.     (Pause)    Yes? 

MAY.  The  next  morning  we  were  to  have  break 
fast  in  our  rooms. 

—  Lights  go  out  —  Curtain.) 


SCENE  II. 

(Knocking  heard  off  right.     Curtain  rises.     Lights 
go  up.    Enter  MAY  from  left.) 

MAY.      Just   a   minute,    just   a   minute,    please. 
(Opens  door  right)     Come  in. 

WAITER.     (Enters    with    breakfast) 
breakfast,  ma'am. 

MAY.     Put  it  right  there. 

WAITER.    Shall  I  set  the  table,  ma'am. 

MAY.    No — no. 

(RUSSELL  enters  with  bunch  of  flowers— WAITER 
exits  R.) 

RUSSELL.     Good  morning,  Mrs.  Trask. 
MAY.     Oh,  good  morning,  Mr.  Russell. 
RUSSELL.     I  just  came  in  to  supervise  the  laying 
of  the  breakfast.     I  want  it  to  be  a  function. 


ON  TRIAL  6j 

MAY.  (Laughing)  Yes,  considering  it's  the 
first. 

RUSSELL.  I  told  the  chef  to  make  the  effort  of 
his  life. 

MAY.     That's  darling  in  you,  Mr.  Russell. 

(WAITER  goes  off  left.) 

RUSSELL.  (Presenting  the  flowers)  And  here's 
the  bridal  bouquet.  I  wish  you  both  lots  of  hap 
piness. 

MAY.  Thank  you  ever  so  much,  Mr.  Russell. 
They're  beautiful. 

RUSSELL.  From  our  own  garden.  Permit  me 
to  lay  the  table. 

MAY.    Oh,  no ;  please  let  me. 

RUSSELL.  Well,  I  hope  you  enjoy  your  break 
fast. 

MAY.  I'm  sure  we  shall.  Thank  you  again. 
(Holding  out  flowers) 

TRASK.    Hello,  Russell !     (Enters  R.) 

RUSSELL.  (At  door)  Good  morning,  Mr. 
Trask.  (Goes  out  R.) 

MAY.  Gerald,  look  at  the  beautiful  flowers  Mr. 
Russell  brought  me.  Aren't  they  lovely  ? 

TRASK.     Fine. 

MAY.     He's  awfully  nice. 

TRASK.    He  can't  help  being  nice  to  you. 

MAY.    You  deserve  a  flower  for  that. 

(Business  of  adjusting  flower  on  his  coat.) 

TRASK.     That  breakfast  smells  very  interesting. 
MAY.     Before  you  can  have  a  mouthful  to  eat, 
you  must  tell  me  where  you've  been  all  the  while. 
TRASK.     I've  been  fixing  up  the  car. 
MAY.     You  were  gone  ages  and  ages. 
TRASK.     Only  fifteen  minutes. 


64  ON  TRIAL 

MAY.  Only  fifteen  minutes !  Why,  that's  a  life 
time.  I  thought  you  were  never  coming  back. 

TRASK.     (Laughing)     Did  you? 

MAY.  Yes.  That  would  have  been  a  nice  state 
of  affairs,  wouldn't  it — on  our  first  day  ? 

TRASK.    Yes.    Parted  at  the  altar,  eh? 

MAY.  I  think  you  deserve  a  scolding  for  run 
ning  off  for  so  long.  (Puts  flowers  in  vase) 

TRASK.  Don't  scold  me.  I  hate  to  be  scolded 
on  an  empty  stomach.  (Gets  table  cloth) 

MAY.    Will  you  promise  never  to  do  it  again  ? 

TRASK.    Yes,  I  promise. 

MAY.  Oh,  that  isn't  enough.  You  must  say,  "  I'll 
never,  never,  never  leave  you  again,  as  long  as  I 
live."  Say  that. 

TRASK.  I'll  never,  never,  never  leave  you — how 
does  it  go?  (Both  lay  table-cloth) 

MAY.    " — again,  as  long  as  I  live." 

TRASK.     Again,  as  long  as  I  live.     Is  that  right? 

MAY.  Yes.  And  now  you  must  ask  me  to  for 
give  you. 

TRASK.    Forgive  me. 

MAY.    May  dear. 

TRASK.  May  dear.  (Kisses  her — They  stand 
each  side  of  the  table) 

MAY.     Ooh!     You  taste  of  gasoline. 

(Business  of  breakfast  throughout.) 

TRASK.  Yes;  I've  been  tanking  up  the  car. 
(Crosses  R.) 

MAY .    Why  ?    (  Crosses  R . ) 

TRASK.  We're  going  away  this  afternoon.  (Puts 
grape-fruit  on  table) 

MAY.     Going  away?    Where  to? 

TRASK.    Anywhere  you  like. 

MAY.    Why  leave  here  ? 


ON  TRIAL  65 

TRASK.  Oh,  there's  no  fun  here.  This  place  is 
dead. 

MAY.  But  I  love  this  place.  It  will  always  be 
sacred  to  me — our  wedding  place.  It's  the  greatest 
happiness  we'll  ever  know.  (Gets  knives,  forks, 
napkins  and  toast — Cro'sses  to  L.  of  table — Sets 
table) 

TRASK.  Of  course  there's  a  lot  in  that.  Still, 
it's  not  very  lively.  (Gets  omelet) 

MAY.  Every  once  in  a  while,  Gerald,  years  from 
now,  we'll  slip  down  here  quietly— just  you  and  I 
alone,  and  live  this  day  again,  won't  we. 

TRASK.  Yes;  that  will  be  bully.  (Gets  cups, 
saucers,  plates,  then  cream  and  coffee) 

MAY.  Isn't  it  strange !  Yesterday  this  place  was 
only  a  queer  name  to  me,  and  now  it's  the  dearest 
spot  on  earth.  I'm  so  happy,  Gerald  dear.  Must 
we  keep  it  quiet  long?  (They  embrace) 

TRASK.     Yes,  quite  a  while,  I'm  afraid. 

MAY.  It  seems  so  wrong  for  families  to  interfere 
in  these  things.  If  people  love  each  other,  I  don't  see 
why  they  must  consult  anyone  else  about  it.  (Puts 
vase  on  table) 

TRASK.  You  can't  get  everybody  to  see  that. 
(Gets  sugar,  salt  and  pepepr) 

MAY.  I  wish  we  could  tell.  (Sits  L.  of  table)  I'm 
just  longing  to  go  about  telling  everybody  how 
happy  I  am. 

TRASK.     Don't  say  a  word  to  anyone. 

MAY.  No,  I  won't — I've  promised.  But  the 
clergyman  may  tell  someone,  Gerald.  Clergymen 
are  sometimes  gossipy,  you  know. 

TRASK.  I'll  see  that  he  doesn't  tell.  (Gets  but 
ter  plates) 

MAY.     What's  his  name? 

TRASK.    The  clergyman?     (Sits  R.  of  table) 

MAY.    Yes. 

TRASK.     Oh— Smith.     Walter  Smith. 


66  ON  TRIAL 

MAY.  Is  he  nice?  (Pours  coffees,  sugar  and 
cream) 

TRASK.     Yes;  fine  chap. 

MAY.    You're  very  good  friends,  aren't  you  ? 

TRASK.     Oh,  yes ;  we  were  classmates  at  college. 

MAY.     I'm  glad  of  that. 

TRASK.    Why? 

MAY.  Well,  it  will  be  so  much  nicer  than  having 
a  stranger.  Don't  you  think  so  ? 

TRASK.  Yes,  of  course.  That  was  why  I  asked 
him. 

MAY.    Do  you  think  he'll  be  here  soon  ? 

TRASK.     Sometime  during  the  morning,  he  said. 

MAY.  It's  strange,  he  didn't  receive  your  first 
message  last  night,  isn't  it? 

TRASK.  There's  nothing  strange  about  it.  His 
maid  forgot  to  deliver  it,  that's  all. 

MAY.  Of  course,  it  was  too  late  for  him  to  come 
down  after  you  telephoned  from  here. 

TRASK.  Yes,  of  course,  it  was  almost  midnight.  I 
couldn't  have  asked  it  of  him. 

MAY.    I  wish  he  had  come  last  night. 

TRASK.    Yes  ;  it's  too  bad  he  didn't. 

MAY.     I  feel  uncomfortable  about  it. 

TRASK.  I  don't  see  why.  A  few  hours  sooner  or 
later — what  difference  does  it  make  ? 

MAY.  Well,  I  guess  it  doesn't  make  any  differ 
ence.  I  wish,  though,  you  had  gotten  someone  in 
the  neighborhood. 

TRASK.  I  told  you  I  tried.  The  only  clergyman 
who  could  have  married  us  is  out  of  town  attending 
a  convention.  But  if  I  had  thought  you  were  going 
to  be  cut  up  about  it — 

MAY.  You  aren't  angry,  are  you,  dear.  (Rises, 
goes  to  back  of  table) 

TRASK.  No,  certainly  not.  I  understand  how  you 
feel  about  it ;  but  it's  only  a  matter  of  form,  after  all, 
you  know. 


ON  TRIAL  67 

MAY.  Of  course  it  is.  I'm  a  silly  girl,  and  you're 
so  patient  with  me.  Do  you  know,  Gerald,  I'm  aU 
most  afraid  of  you  sometimes. 

TRASK.      Nonsense!     Why?      (Puts  omelet  on 

plates) 

MAY.     You  know  so  many  things.     (Sits  L.  of 

table) 

TRASK.  That's  no  reason  you  should  be  atraic 
of  me.  (Hands  plate  to  MAY) 

MAY.  I  know  it  isn't.  Gerald,  dear,  you're  sure 
you  never  cared  for  any  other  girl? 

TRASK.  My  dear  child,  I've  told  you  a  hundred 
times.  Don't  you  believe  me? 

MAY.  Of  course  I  do.  But  it  seems  so  strange 
that  you  should  fall  in  love  with  me.  You've  met 
so  many  other  girls. 

TRASK.     Yes;  but  I've  never  met  anyone  like 


YOU. 


MAY.      You   do   care   a   great   deal,   don't   you? 
(Takes  his  hand) 

TRASK.    I've  told  you. 

MAY.     And  you'll  be  very  good  to  me. 

TRASK.    As  good  as  I  know  how. 

MAY.     And  you'll  always  love  me? 

TRASK.     As  long  as  I  live.     Haven't  I  said  so.' 

(Both  drink,  looking  at  each  other.) 

MAY.     (Pauses — goes  to  window  L.)     I  do  wish 
Mr.  Smith  would  come. 

TRASK.     I  can't  imagine  what's  keeping  him. 
MAY      Don't  you  think  you'd  better  telephone? 
TRASK.      No.      Let's   be   patient   a   little   while 

longer.  0 

MAY.  What  will  we  do  if  he  doesn  t  come  f 
TRASK.  Well  you  see  we  must  leave  here  this 

afternoon  at  any  rate. 


68  ON  TRIAL 

MAY.     But  we  can't  leave  without  beim*  married 

TRASK.    Why  not? 

MAY.     Why  not !     Surely,  Gerald,  you  wouldn't 
want  to. 

TRASK.    I  thought  we  had  agreed  about  that. 

MAY.    I  know,  but 

^  TRASK.     I  don't  see  what  you're  worried  about. 
It's  only  a  matter  of  ceremony — a  formality. 

MAY.     I  know;  but  a  girl  looks  at  these  things 
differently. 

TRASK.    Well,  if  my  man  doesn't  come,  it  would 
be  impossible  to  be  married  here  anyhow. 

MAY.     Couldn't  you  find  someone—  (Sits  L.  of 
table) 

TRASK.  Impossible!  There's  no  one  available. 
Besides,  we  couldn't  get  a  ring  down  here. 

MAY.     Oh,  haven't  you  a  ring? 

TRASK.  No,  I  forgot  it.  It's  all  right,  though.  I 
told  Wallace  to  bring  one  down  with  him. 

MAY.  Wrallace?  I  thought  you  said  his  name 
was  Walter? 

TRASK.  So  it  is.  Wallace  is  a  nick-name  I  gave 
him  because  he's  so  proud  of  his  Scotch  ancestry. 

MAY.  Oh!  Gerald,  I've  got  a  plain  gold  ring. 
Ill  get  it.  (Exits  left — Pause;  knock  at  door  R.) 

TRASK.  Come  in.  (RUSSELL  enters,  with  open 
telegram  in  his  hand)  Hello,  Russell,  what  have 
you  got  there?  Dispatches  from  the  front? 

(MAY  enters  left.) 

MAY.     Gerald,  look;  will  this  do.     (Down  L.  c.) 

RUSSELL.  I'd  like  an  explanation  of  this.  (Reads 
telegram)  "  Detain  May  Deane  until  I  arrive.  She 
is  with  Gerald  Trask.— Henry  Deane." 

MAY.    From  Father ! 

TRASK.     (Angrily  to  MAY)     What  is  this? 


ON  TRIAL  69 

MAY.  I  don't  know,  Gerald.  I  don't  understand 
it. 

TRASK.     Didn't  I  tell  you — ? 

MAY.     I  didn't  tell  him. 

RUSSELL.     Well,  Mr.  Trask? 

TRASK.     Well,  what? 

RUSSELL.  Is  this  young  lady  your  wife,  or  isn't 
she? 

TRASK.    What  difference  does  that  make  to  you? 

RUSSELL.  It  makes  a  great  deal  of  difference  to 
me.  You  registered  here  as  man  and  wife. 

TRASK.  Well,  then,  what  are  you  worrying 
about  ? 

MAY.  But  explain  to  Mr.  Russell,  Gerald. 
(TRASK  crosses  L.  up  to  window — Looks  out  win 
dow)  We're  going  to  be  married  this  morning,  Mr. 
Russell.  We  were  going  to  be  married  last  night, 
but  there  was  no  clergyman. 

TRASK.    Keep  quiet,  May  ! 

RUSSELL.  Quite  so.  There  probably  aren't 
more  than  about  a  dozen  clergymen  within  a  mile 
of  this  place. 

MAY.      What    do    you    mean!      GERALD: 

(Gome's  down  R.  to  RUSSELL) 

TRASK.  Keep  quiet,  I  tell  you,  and  let  me  man 
age  this.  What  do  you  want,  Russell? 

RUSSELL.     I  want  you  to  get  out  at  once. 

TRASK.     We're  planning  to  leave  this  afternoon. 

RUSSELL.  That  won't  do;  you  must  leave  im 
mediately.  It's  eleven  o'clock  now — I  want  you 
out  by  noon. 

TRASK.     I'll  go  when  I  get  ready. 

RUSSELL.      No,   you   won't;   you'll   go   now.      I 
won't  have  any  questionable  characters  in  my  house. 
MAY.    How  can  you  let  him  talk  like  that ! 

TRASK.    Will  you  be  quiet! 

RUSSELL.     I've  been  years  building  up  a  reputa- 


70  ON  TRIAL 

tion  for  this  place,  and  I  don't  intend  risking  it  for 
you  or  anyone  else. 

TRASK.  You're  damned  independent,  old  man. 
This  isn't  the  only  roadhouse  on  Long  Island,  you 
know. 

RUSSELL.  I  guess  I  can  stand  the  loss  of  your 
business.  I  don't  care  for  your  sort,  anyhow. 

TRASK.  You've  said  enough,  Russell.  You'd  bet 
ter  clear  out.  (Crosses  L.  and  up  stage} 

RUSSELL.  (Up  to  door  R.)  Yes  ;  but  I  want  you 
out  by  noon,  understand  that.  Young  lady,  for  your 
sake,  I  hope  your  father  gets  here  before  then. 

TRASK.  If  you  don't  get  out  of  this  room  I'll 
kick  you  out. 

RUSSELL.  If  you're  not  out  by  noon  I'll  send  for 
the  police.  (Exits  R.) 

(TRASK  crosses  R. — locks  door,  followed  by  MAY.) 

MAY.  Gerald,  why  did  he  talk  like  that?  Why 
didn't  you  explain? 

TRASK.    This  is  a  nice  mess  we're  in. 

MAY.    But,  Gerald,  if  you  had  only  explained 

TRASK.  Didn't  I  tell  you  not  to  let  j'our  father 
know  where  we  were. 

MAY.    But  I  didn't. 

TRASK.     What   ! 

MAY.  I  didn't,  I  tell  you.  I  would  have  if  you 
hadn't  told  me  not  to. 

TRASK.  I  told  you  fifty  times  that  I  didn't  want 
anyone  to  know.  (Down  L.) 

MAY.     But  I  didn't— I  didn't! 

TRASK.     How  else  could  he  have  found  out? 

MAY.     I  don't  know — but  not  from  me. 

TRASK.  The  very  thing  I  wanted  to  avoid  has 
happened.  (Crosses  R.) 

MAY.    But  it's  not  my  fault— 

TRASK.    He'll  come  down  here  and  make  a  scene. 


ON  TRIAL  71 

MAY.  Not  when  he  finds  it's  all  right.  But  I 
wonder  how  he  knew  we  weren't  married  yet. 

TRASK.  Don't  waste  time  now.  Get  ready. 
(Crosses  L.) 

MAY.     Ready  for  what? 

TRASK.  To  go.  We've  got  to  clear  out  before 
the  old  man  gets  here. 

MAY.     Oh,  no,  Gerald;  let's — 

TRASK.  I'm  managing  this.  Get  ready.  (Up  to 
door  L. — Knock  at  door) 

MAY.     Oh,  that  must  be  Mr.  Smith. 

TRASK.  Damn  it!  That's  your  father,  I'll  bet. 
There'll  be  a  devil  of  a  TOW- 
MAY.  Shall  I  tell  him  to  come  in? 

TRASK.  Wait  a  minute.  If  it's  your  father,  I 
don't  want  to  see  him. 

MAY.     But,  Gerald 

TRASK.  Listen  to  me.  I'm  going  into  the  other 
room.  I'll  wait  in  there  while  you  talk  to  the  old 
man.  If  he  asks  for  me,  tell  him  I'm  out.  Get  rid 
of  him  as  quickly  as  you  can.  Do  you  understand? 

MAY.     Yes ;  but  if  it's  Mr.  Smith— 

TRASK.  Do  as  I  tell  you,  do  you  hear  me  ? 
(Knock  at  door.  He  goes  into  bedroom.  MAY 
pauses  irresolutely.  Crosses  R.  and  unlocks  door) 

MAY.    Father!     (Retreats  R.  c.) 

DEANE.     Where's  Trask? 

MAY.     Why  did  you  come,  Father? 

DEANE.    Where  is  he?     (Crosses  c.  below  table) 

MAY.     He — he's  out. 

DEANE.     Where  did  he  go? 

MAY.  Why — I  don't  know he  didn't  say — 

but,  Father — 

DEANE.     When  is  he  coming  back? 

MAY.  Why — not  for  quite  a  while.  (Pause) 
How  did  you  know  we  were  here,  Father? 

DEANE.  Never  mind  now.  Get  your  things, 
May.  (Looks  at  breakfast) 


72  ON  TRIAL 

MAY.     My  things  ?    Why  ? 

DEANE.     We're  going  home. 

MAY.  But,  Father,  Gerald  and  I  are  going  to  be 
married  this  morning. 

DEANE.     Get  your  things,  May. 

MAY.  But,  Father,  you  don't  seem  to  under 
stand.  Gerald  and  I  are  going  to  be  married  this 
morning;  we're  waiting  for  the  clergyman.  (Goes 
to  him) 

DEANE.  He  can't  marry  you.  (Puts  arms  around 
her) 

MAY.     He  can't !     Wrhat  do  you  mean  ? 

DEANE.    He  is  a  married  man.     (Turning  away) 

MAY.     (Inarticulately)     Married? 

DEANE.  His  wife  telephoned  to  me  this  morning. 
She's  been  having  him  watched. 

MAY.  No !  I  don't  believe  it !  I  don't  believe 
it! 

DEANE.    Come,  May. 

MAY.  (With  her  back  to  the  door)  Father, 
don't  you  understand?  We're  to  be  married  this 
morning.  There's  a  clergyman  coming  down.  (MRS. 
TRASK  enters)  He  was  to  have  come  last  night. 
Don't  you  understand?  (MAY  turns  and  sees  her — 
Pause)  W7ho  are  you?  What  do  you  want?  WTho 
is  she? 

DEANE.    This  is  Mrs.  Trask. 

MRS.  TRASK.  You'd  better  go  home  with  your 
father. 

(MAY  stands  dazed,  looking  from  one  to  the  other.) 
DEANE.     (Crosses  to  her)     Come,  May,  come. 

(MAY  then  rushes  to  the  bedroom  door,  which  she 
flings  open.) 

MAY.    Gerald!    Gerald!     (Goes  in  room;  comes 


ON  TRIAL  73 

out;  'stands  at  door.  DEAN  rushes  out  door  L.   Count 
FIVE    then   auto    effect;  she   rushes   to   window. 
DEANE    enters    the    bedroom)     Gerald!      Gerald! 
(Screams  and  faints— DEANE  enters) 
DEANE.    May! 

(Lights  out— Curtain.) 

SCENE  III. 
CURTAIN — LIGHTS  UP. 

MAY  (Discovered  on  witness  stand)  I  don't 
know  what  happened  then;  (Ring  up)  I  must  have 
fainted  But  the  sound  of  that  automobile  went 
through  my  head  for  weeks.  Soon  after,  father 

died     Then  I  met  Robert my  husband.     When 

1  saw  that  he  loved  me,  I  tried  to  tell  him  about— 
about  that  terrible  experience,  but  I  was  afraid  ot 
destroying  his  happiness.     He  would  not  have  un 
derstood.     Men  don't  understand,  and  I  loved  tan 
so     He  seemed  to  need  me  and  to  need  his  belief 
me      I  came  to  realize  I  must  never  tell  him. 
was  all  that  life  meant  to  me.     I  wanted  to  devote 
my  every  thought  to  shielding  him  from  the  slightest 
unhappiness.     Even  though  he  was  a  strong  man, 
he  seemed  to  need  my  protection.     Two  years  later 
we  were  married.     I  had  begun  to  think  of  that 
awful  exoerince  only  as  a  terrible  dream.     Then  my 
babv-Doris-came.      And    I    had    two    to    watch 
over;  their  happiness  was  my  one  aim  in  Me.     £o 
nine  years  we  three  were  so  happy  together.     1  her 
one  day  about  a  year  ago,  Robert  mentiond  that 
man's  name ;  he  had  met  him  somewhere.     I  hoped 
that  their  acquaintance  was  only  passing;  but  they 
became  more  friendly.     Robert  spoke  several  time* 
of  having  us  meet,  but  for  a  year  I  avoided  that 
meetino-       Meanwhile    Robert's    business    troubles 


74  ON  TRIAL 

had  begun.  He-that  man-lent  him  money  and 
helped  him  in  other  ways.  With  their  growing 
friendship  I  dreaded  the  wrecking  of  all  our  hap^ 
I  hen  a  business  opportunity  arose,  which 
would  take  us  from  New  York.  I  urged  Robert 
to  accept  this,  and  he  finally  decided  to.  It  seemed 

hfi  h  STC  ^Tl  W6rre  SuardinS  the  happiness  of  my 
husband  and  baby     It  was  a  Monday  when  Robert 
eft  for  Cleveland.     Tuesday  night  HE  came      It 
was  about  the  note  which  was  due  then.    He  recog 
nized  me,  and  threatened  to  tell  Robert  everything 
He  taunted  me,  saying  that  Robert  would  believe 
anything  against  me  because  of  my  long  silence.    He 
demanded  that  I  come  to  his  house  at  Long  Branch 
the  nex    day.     I  begged  for  mercy.     I  went  down 
on  my  knees  to  him.     I  begged,  and  begged,  and 
begged      He  wouldn't  even  listen  to  me.     He  said 
he  would  rum  Robert  and  make  a  pauper  of  him     I 
was  mad  with  fear.    I  didn't  care  for  myself,  I  only 
thought  of  Robert  and  my  baby.     Their  happiness 
was  in  my  hanas.     I  would  have  paid  any  price  to 
shield  them     If  by  dying  I  could  have  saved  them  I 
would  have  died  willingly.  It  would  have  been  much 
easier  than— but  there  was  only  one  way,  and  I  had 
to  save  them.     Then  Robert  found  out,  and  all  my 
years  of  planning  were  shattered.     Last  evening,  as 
lay  half-conscious  in  the  hospital,   I   heard  the 
nurses  discussing  the  testimony  of  a  little  girl      I 
learned  it  was  my  little  girl,  and  that  my  husband 
was  on  trial  for  murder  and  burglary.    They  didn't 
want  to  let  me  go,  but  I  made  them  understand  that 
my  husband  might  be  put  to  death  unless  the  truth 
were  known.    I've  told  you  the  truth.   Can't  you  un 
derstand  ?    He  didn't  go  there  to  rob ;  he  didn't  take 
the  money.     Robert's  not  a  thief.     I  am  to  blame. 
I  he  fault  is  all  mine.     I've  ruined  the  lives  of  my 
husband  and  baby.     God  forgive  me!     (Ring  cur- 
tatn)     God  forgive  me!     God  forgive  me 


ON  TRIAL  75 

ACT  IV. 
THE  JURY  ROOM 

FOREMAN.     Mr.  Mathews. 
MATHEWS.     Not  guilty. 
FOREMAN.     Mr.  Adams. 
ADAMS.     Not  guilty. 
FOREMAN.     Mr.  Richner. 
RICHNER.     Not  guilty. 
FOREMAN.     Mr  Leavitt. 
LEAVITT.     Not  guilty. 
FOREMAN.     Mr.  Oton. 
OTON.     Not  guilty. 
FOREMAN.    Mr.  Summers. 
SUMMERS.    Not  guilty. 

(Ring  up.) 

FOREMAN.    Mr.  Tovell. 

TOVELL.    Not  guilty. 

FOREMAN.     Mr.  Elliot. 

ELLIOTT.     Not  guilty. 

FOREMAN.     Mr.  Friend. 

FRIEND.    Not  guilty. 

FOREMAN.    Mr.  Leeds. 

LEEDS.     Not  guilty. 

FOREMAN.    Mr.  Moore. 

MOORS.  (Rises  down  R. — After  hesitating}  Not 
guilty. 

JUROR  LEEDS.    Good ! 

JUROR  FRIEND.    That's  the  stuff ! 

JUROR  ELLIOTT.    At  last ! 

JUROR  TOVELL.    Good  for  you ! 

JUROR  MOORE.  Wait  a  moment.  Mr.  Trumbull 
hasn't  voted.  How  do  you  vote,  Trumbull  ? 

FOREMAN.  Gentlemen,  we  stand  eleven  for  ac 
quittal  and  one  for  conviction. 


76  ON  TRIAL 

JUKOR  LEEDS.  Oh,  I  say,  Trumbull !  Don't  hold 
out  now  !  (Crosses  R.  down  stage) 

JUROR  FRIEND.  What's  the  good  of  being  pig 
headed.  (Rises) 

JUROR  TOVELL.  Make  it  acquittal,  and  let's  get  it 
over  with. 

FOREMAN.     (Quietly)     I've  voted,  gentlemen. 

JUROR  SUMMERS.  Look  here,  Trumbull,  will  you 
listen  to  reason?  (Crosses  R.  c.) 

FOREMAN.  (Pushes  back  chair  and  puts  one  foot 
on  table)  Go  ahead. 

SIXTH  JUROR.  What's  the  good  of  sending 
Strickland  to  the  chair  ?  You  don't  bring  Trask  back 
to  life,  do  you?  All  you  do  is  kill  off  a  good,  clean, 
straightforward  chap  who's  a  valuable  asset  to  the 
community.  And  who  suffers  most?  Strickland? 
Not  he !  His  wife  and  his  little  girl — they're  the 
sufferers.  You  throw  a  sensitive  woman  out  on  the 
world  and  give  a  little  girl  a  blot  upon  her  name 
that  she'll  never  be  able  to  wipe  out.  What's  your 
idea?  Why  do  you  want  to  convict  him? 

FOREMAN.  I  don't  want  to  convict  him.  I  don't 
want  to  be  instrumental  in  sending  any  man  to  his 
death.  I  guess  I've  got  as  much  humanity  in  me  as 
the  rest  of  you.  To  hear  you  talk,  a  person  would 
think  I'm  thirsting  for  Strickland's  blood. 

(SUMMERS  crosses  to  FRIEND.) 

JUROR  MATHEWS.  Well,  why  are  you  holding 
out? 

JUROR  LEAVITT.  Why  don't  you  vote  for  ac 
quittal  ? 

JUROR  TOVELL.  Your  attitude  doesn't  bear  out 
your  words. 

MATHEWS.  (Sits  on  table  in  front  of  FOREMAN) 
Come  on,  Trumbull,  be  reasonable! 


ON  TRIAL  77 

(LEEDS  goes  up  R.) 

FOREMAN.  There's  one  thing  you  gentlemen  seem 
to  overlook.  We're  citizens  as  well  as  men.  We've 
sworn  to  do  our  duty  as  jurors — to  render  a  fair 
verdict.  We  mustn't  be  swayed  by  personal  senti 
ments.  We  must  govern  ourselves  by  the  evidence. 
(TovELL  rises — sits)  That's  what  we're  here  for — 
to  render  justice. 

(MATHEWS  goes  L.,  gets  a  drink  of  water  at  cooler- 
sits  L.) 

IUROR  SUMMERS.  Now  listen  to  me,  Trumbull; 
you're  a  reasonable  man.  (LEEDS  crosses  to  R.  c.) 
Just  let's  get  away  from  strict  logic  for  a  moment. 
You  say  you  want  to  render  justice.  Well,  so  do  I. 
So  do  we  all. 

JUROR  LEEDS.     Yes,  of  course! 

JUROR  FRIEND.     Certainly. 

JUROR  TOVELL.    That's  what  we're  here  for ! 

JUROR  LEAVITT.     Of  course  we  do. 

JUROR  SUMMERS.  But  rendering  justice  means 
something  more  than  applying  hard  and  fast  rules 
of  law.  I'll  grant  you  that  the  letter  of  the  law 
declares  that  if  one  man  kills  another,  the  penalty 
must  be  death.  But  we've  got  to  get  beneath  the 
letter — we  must  get  at  the  spirit.  We're  not  ma 
chines,  you  know.  There's  more  to  this  case  than 
a  mechanical  application  of  the  Penal  law.  We've 
got  to  attack  this  from  the  human  standpoint.  We 
must  try  to  put  ourselves  in  Strickland's  place.  Just 
consider  that  for  a  moment.  (Down  R.)  Suppose 
that  Mrs.  Strickland  had  been  your  wife — and 
Trask  had  been  the  other  party.  What  would  you 
have  done? 

JUROR  FRIEND.    Yes,  he's  right. 

JUROR  LEEDS.     That's  the  way  to  look  at  it. 


78  ON  TRIAL 

JUROR  TOVELL,  You'd  have  done  the  same.  (Rises 
—sits  on  table,  facing  FOREMAN)  Shooting  was  too 
good  for  Trask ! 

JUROR  MATHEWS.  Yes,  there's  an  unwritten  law 
that — (Rises) 

JUROR  SUMMERS.  (Interrupting)  I  don't  agree 
with  you  there.  Ordinarily  I  don't  believe  that 
there's  any  justification  for  taking  a  human  life. 
But  this  case  is  one  in  a  thousand.  This  man  Trask 
deliberately  invaded  his  friend's  home — and  wrecked 
it!  The  woman  was  helpless,  and  he  played  on 
her  helplessness-  That's  why  I'm  for  acquittal. 
And  that's  why  you  should  be  for  acquittal  too. 
Trumbull,  you  have  a  wife.  Just  consider — 

JUROR  MOORE.  (Down  R.  followed  by  LEEDS — 
Interrupting)  I  think  that  you  gentlemen  are 
going  off  at  a  tangent.  Unless  I'm  greatly  mistaken, 
Trumbull  agrees  with  you  that  Strickland  had 
ample  justification  for  killing  Trask. 

(SUMMERS  goes  up  R.  c.) 

JUROR  LEEDS.     Then  why's  he  holding  out? 

JUROR  TOVELL.  What's  keeping  him  back?  Let's 
hear  from  you,  Trumbull. 

FOREMAN.  Mr.  Moore  is  right.  I  do  think  that 
Strickland  had  cause  for  killing  Trask.  If  I  had 
been  placed  in  similar  circumstances,  I  probably 
would  have  done  the  same  thing. 

JUROR  SUMMERS-  But  still  you  vote  for  convic 
tion. 

FOREMAN.  Yes,  because  I'm  not  sure  that  Strick 
land  went  to  Trask's  house  solely  because  of  his 
wife.  I'm  inclined  to  think  he  also  went  there  to 
rob  the  safe. 

JUROR  LEEDS.  That's  nonsense  (Goes  to  chair 
and  sits). 

JUROR  FRIEND.    Absurd! 


ON  TRIAL  79 

JUROR  TOVELL.  Strickland's  no  burglar  (Up 
stage  R.). 

JUROR  SUMMERS.  (SUMMERS  sits  on  edge  of 
table  facing  Trumbull)  You  don't  really  believe 
that,  Trumbull.  One  look  at  Strickland  ought  to 
convince  you  that  he's  not  a  safe-cracker  Of 
course,  I  don't  know  him  personally,  but  I've  known 
him  by  reputation  for  a  number  of  years.  He's 

US     <?i"ra  icrlnt     oc     n     /-Ji£»  A^1,  •         ,  i 


JUROR  FRIEND.    Why,  of  course ! 

JUROR  LEEDS.     Everybody  knows  that ! 

JUROR  TOVELL.     Does  he  look  like  a  burglar? 

FOREMAN.  (Rises  and  stands  R.)  I  grant  you 
all  that,  gentlemen ;  but  you  can't  dodge  the  facts 
Ihere  s  a  chain  of  circumstances  woven  around 
btrickland  that,  to  my  mind,  would  damn  the  Angel 
Gabriel.  Just  consider  the  facts.  Strickland  was 
hard  pressed  He  paid  Trask  the  ten  thousand 
dollars  in  cash.  Why  didn't  he  pay  it  by  check  like 
a  business  man?  He  was  the  only  one  besides 
1  rask  who  knew  the  combination  of  the  safe  And 
he  was  on  the  spot  when  the  safe  was  opened 
Looks  pretty  bad,  don't  you  think? 

JUROR  SUMMERS.  (Up  a  step)  Of  course  it 
looks  bad;  but  it's  all  been  explained.  We  know 
why  Strickland  went  there. 

JUROR  LEEDS-    Of  course  we  do. 

JUROR  FRIEND.     Certainly ! 

JUROR  TOVELL.  That's  all  been  cleared  up' 
(Rises) 

FOREMAN-  Well,  if  it's  all  been  explained,  as  you 
say  it  has,  there  are  two  things  I'd  like  you  to 
explain  to  me.  (TOVELL  sits).  Firstly,  how  did 
the  burglar  open  the  safe  ? 

JUROR  SUMMERS.  He  tampered  with  it.  (Starts 
L.) 

FOREMAN.     No,  he  didn't.     The    police    officer 


go  ON  TRIAL 

testified  that  the  tumblers  were  in  perfect  order. 
No,  gentlemen,  he  opened  the  safe  with  the  com- 
bination.  And  the  only  source  from  wh1Ch  he  could 
learn  the  combination  was  Strickland 

JUROR  MOORE.     It  does  look  pretty  bad,  I'll  ad- 

mit  that. 

JUROR  ELLIOT.     Oh,  I  don't  know  ! 

JUROR  LEAVITT.    (Sits  on  edge  of  table) 
believe  in  circumstantial  evidence! 

TUROR  MATHEWS.    Neither  do  I. 

JUROR   TOVELL-     You    can't    convince    me    that 
Strickland's  a  burglar!  TV,Pre\ 

FOREMAN.     That's  not  all,  gen  tlemcn. 
something  else  you'll  have  to  explain  to  my  sati 
faction  before  I  vote  for  acquittal 

TUROR  SUMMERS.     What's  that? 

FOREMAN.     Strickland  had  that  combination  01 

card.    The  card  was  the  only  really  incriminating 


destroy  the  card? 

TUROR  LEAVITT.    Who  says  he  did  . 

TUROR  TOVELL.     How  do  you  know  he  du 

SAN.  Why,  here's  the  card!  (MOORE  crossc* 
to  TRUMBULL)  Don't  you  see  that  it  s  torn  almost 
in  two?  And  didn't  Glover  testify  that  it  was 
Strickland  who  tore  it  '. 

JUROR  LEAVITT.     No! 

JUROR  ELLIOTT.     Yes! 

JUROR  LEEDS.     That's  right! 

JUROR  FRIEND.     I  don't  remember  it! 

JUROR  TOVELL.     He  did  not! 

FOREMAN-    Well,  gentlemen,  it  seems  to  me  i 
rather  an  important  point.  .     A 

JUROR  MOORE.     Yes,  it  is.     I'm  glad  you  raised 
it      I'm  inclined  to  agree  with  you  abou    it. 

FOVKMAN.     There's  only  °»VeaS°Y   7J^en 
land  should  attempt  to  destroy  that  card,  gentl( 


ON  TRIAL  8r 

and  that  is  to  wipe  out  the  evidence  that  would 
be  bound  to  convict  him. 

JUROR  SUMMERS.  I  don't  believe  he  did  attempt 
to  destroy  the  card. 

JUROR  LEAVITT.     Yes,  he  did! 

JUROR  LEEDS.    No! 

JUROR  TOVELL-    I  don't  think  Glover  said  so! 

JUROR  MOORE.  Wait  a  minute,  I  seem  to  remem 
ber  Glover  saying  so. 

JUROR  LEEDS*    He  didn't. 

JUROR  MATHEWS.    I  don't  know  if  he  did  or  not. 

'FOREMAN.  We  don't  seem  to  agree  about  it.  We 
ought  to  find  out,  I  think. 

JUROR  SUMMERS.  Let's  send  for  Glover  and 
ask  him.  (Crosses  L.) 

JUROR  MOORE.  We  can't  do  that.  We'll  have  to 
get  permission  to  have  his  testimony  read  to  us. 

FOREMAN.  All  right;  I'll  send  a  note  to  the 
judge.  (Sit,  zvrites). 

JUROR  SUMMERS.  Ring  for  an  attendant  (Drinks 
at  cooler — MOORE  pushes  buzzer). 

(Lights     out— Curtain-— Effect     of    Buzzing     Call 
Button  During  Change}. 

EPILOGUE 

(Buzzer  is  heard  as  lights  go  up  in  Court  Room. 
The  CLERK,  the  STENOGRAPHER  and  the  two 
ATTENDANTS  talking  together.  GRAY  and  DR. 
MORGAN  are  sitting  on  the  table.  An  ATTENDANT 
hurries  to  the  Jury  Room,  re-enters  a  moment  later 
with  a  note,  crosses  right,  enters  Judge's  room.) 

GRAY.     There's  something  doing- 
DR.  MORGAN.      (Sitting  on  edge  of  table)     An 
agreement,  do  you  think? 

GRAY.     (Crosses  R.)     Most  likely. 


8a  ON  TRIAL 

DR.  MORGAN.    How  long  have  they  been  out? 
GRAY.     (Crosses  L.)     Almost  five  hours. 
DR.  MORGAN.    Well,  what  do  you  think  ? 
GRAY.    I  don't  know  what  to  think,  Dr.  Morgan. 
This  is  an  unusual  case. 

(ATTENDANT  enters  right.) 

ATTENDANT.  His  Honor  is  coming,  gentlemen. 
(To  the  other  ATTENDANT)  Notify  counsel  to 
bring  in  the  prisoner. 

(Second  Attendant  goes  off  left — First  Attendant 

opens  the  door  of  the  Jury  Room  Crosses  up  L.) 

FIRST  ATTENDANT.    All  right,  gentlemen. 

f DOCTOR  goes  back  of  table — Jurors  file  in,   take 

their  places1 — JUDGE  enters  right.) 

CLERK.  Justice  of  the  Court. 
(Judge  takes  his  place,  sits;  jurors,  etc.,  sit — 
(ARBUCKLE,  MAY,  DORIS  and  STRICKLAND  enter 
left  and  sit  at  table  left — STRICKLAND  enters  first 
followed  by  ATTENDANT,  then  MAY  and  DORIS. — 
MAY  sits  upper  chair  L.  of  table  with  DORIS  on 
her  lap — ARBUCKLE  enters  last,  stands  above 
table). 

DINSMORE.  (To  GRAY  and  ARBUCKLE)  Gentle 
man,  I  have  received  a  note  from  the  jury,  in  which 
they  request  that  a  portion  of  Glover's  testimony  be 
read  to  them.  (To  the  STENOGRAPHER)  Turn  to 
Glover's  testimony,  please.  Now  read  that  portion 
which  pertains  to  the  tearing  of  the  card.  People's 
exhibit  A- 

STENOGRAPHER.  (Reading)  Question,  by  Mr. 
Gray:  "  Now,  Mr.  Glover,  I  call  your  attention  to 
the  fact  that  the  card  is  torn  almost  in  half;  can 
you  explain  how  that  occurred  ?  "  Ans. :  "  Yes :  as 
I  took  the  card  from  Strickland's  pocket,  he 
snatched  it  out  of  my  hand  and  started  to  tear  it  in 


ON  TRIAL  83 

half  ;  before  he  had  torn  it  all  the  way  I  managed 
to  get  it  back  again.  "    Question:— 
(ARBUCKLE  Crosses  L.  and  whispers  to  DOCTOR  then 
to  GRAY.) 

FOREMAN.     That's  enough.       (He  turns  to  the 
other  jurors,  and  there  begins  what  is  apparently  a 
heated    discussion.     Meanwhile    DR.    MORGAN    is 
whispering  in   an  animated  fashion  to  GRAY  an 
ARBUCKLE.) 

DINSMORE.     Is  that  all,  gentlemen? 

FOREMAN.  One  moment,  if  Your  Honor  pleases- 
(Discussion  is  resumed  between  FOREMAN  am 
SUMMERS.)  ,,  ... 

FOREMAN.     Your   Honor,   the   jury  would 
permission  to  ask  Mr.  Strickland  a  few  questions. 

DINSMORE     (To  ARBUCKLE  and  GRAY) 
consent  to  the  case  being  reopened,  gentlemen? 
GRAY.     Yes,  Your  Honor. 
DINSMORE.     Mr.  Arbuckle 
ARBUCKLE.       (Looks    at 


YeDiNS°MORE.(  10Mr.     Strickland!        (STRICKLAND 
rises)     Are  you  willing  to  take  the  stand  i 

STRICKLAND.      Yes,    Your    Honor.       (Goes    to 


.     Do  you  solemnly  swear  that  the  testi 
mony  you  are  about  to  give  will  be  the  truth,  t 
whole  truth,  and  nothing  but  the  truth,  so  help  you, 
God?    What's  your  name? 

STRICKLAND.     Robert  Strickland. 

FOREMAN.  Mr.  Strickland,  the  3ury  would  like 
to  know  why  you  attempted  to  destroy  this  card 
with  the  combination  to  the  sate  on  it? 

DINSMORE.     You  need  not  answer  that  quest* 


To  the  jury)     I  didn't  attempt  to 
destroy  it. 


86  ON  TRIAL 

crosses  R.,  closes  door  R.)    Will  you  be  good  enough 
to  take  the  stand,  Mr.  Glover?  (GLOVER  takes  the 
stand.)     I'm  sorry  to  trouble  you  again,  but  there's 
one  little  point  upon  which  we're  not  quite  clear. 
GLOVER.     I'll    be    glad    to    do    anything    in    my 


power 

ARBUCKLE.  Thank  you.  You  remember,  Mr. 
Glover,  that  while  you  were  waiting  for  the  police 
to  arrive,  you  happened  to  think  of  this  card  which 
you  thought  might  help  the  police- 

GLOVER.    Yes,  and  I  was  right,  too. 

ARBUCKLE.  Indeed  you  were.  Now,  Mr.  Glover, 
you  will  recall  that  you  proceeded  to  search  Mr. 
Strickland's  pockets  in  the  hope  of  finding  the  card. 

GLOVER.    Yes ;  and  I  did  find  it. 

ARBUCKLE.  Precisely.  It  was  in  his  coat  pocket 
you  found  it,  I  believe? 

GLOVER.     Yes;  side  pocket. 

ARBUCKLE.  (Down-stage)  Now,  if  you  don't 
mind,  I'd  just  like  to  have  you  describe  that  scene 
in  detail-  Where  was  Mr.  Strickland? 

GLOVER.    He  was  on  the  floor,  lying  on  his  back. 

ARBUCKLE.     And  you  were  standing  over  him  t 

GLOVER.     Yes. 

ARBUCKLE.     On  which  side  of  him  ? 

GLOVER.    The  right  side. 

ARBUCKLE.  And  as  you  bent  over  him  and  went 
through  his  pockets,  did  he  make  any  attempt  to 
prevent  you  ? 

GLOVER.     Oh,  yes;  he  tried  to  push  me  away. 

ARBUCKLE.  I  see,  he  kept  warding  you  off  like 
this,  huh?  (Indicating  with  right  arm  as  if  pushing 
someone  away) 

GLOVER.    Yes. 

ARBUCKLE.  Finally,  however,  you  succeeded  in 
getting  the  card  ? 

GLOVER.     Yes- 


ON  TRIAL  87 

ARBUCKLE.  Let's  see.  It  was  in  the  left  side 
pocket  of  the  coat,  wasn't  it  ? 

GLOVER.     Left?     (Pause)     Yes. 

ARBUCKLE.  Now  as  you  straightened  up  you  held 
the  card  in  your  right  hand,  didn't  you  ? 

GLOVER.     That's  correct. 

ARBUCKLE.  But  before  you  had  a  chance  to  get 
the  card  out  of  reach,  Strickland  raised  himself  on 
bis  right  elbow,  and  with  his  left  hand  snatched  the 
card  out  of  your  hand.  That's  all  right  so  far, 
isn't  it? 

GLOVER.     Yes. 

ARBUCKLE.  (Up-stage)  Now,  if  I'm  wrong  in 
any  of  these  details,  I  want  you  to  set  me  right  My 
memory  fails  me  sometimes- 

GLOVER.  All  right;  I'll  let  you  know  when  you 
make  a  mistake. 

ARBUCKLE.  Thank  you,  that's  very  good  of  you. 
Now  there  was  something  else.  I  must  ask  you  to 
be  just  a  little  patient  with  me. 

GLOVER.     Certainly. 

ARBUCKLE.  (Down-stage)  Oh,  yes!  Strickland 
snatched  the  card,  then  he  tore  it.  Now,  how  did 
he  tear  it  ? 

GLOVER.     How  ?    What  do  you  mean  ? 

ARBUCKLE.  Well,  I  mean,  did  he  tear  it  quickly 
or  sloxvly  or — 

GLOVER.  Well,  rather  quickly,  because  I  snatched 
it  out  of  his  hand  almost  instantly. 

ARBUCKLE.  Oh!  I  see.  Now  let's  get  that 
straight.  Strickland  had  the  card  in  his  left  hand- 
like  this.  Right  ? 

GLOVER.  Yes. 

ARBUCKLE.  And  he  was  supporting  himself  on 
feis  right  elbow — like  this.  Yes? 

GLOVER.     Yes. 

ARBUCKLE.     Then  he  made   a   quick  backward 


88  ON  TRIAL 

movement — like   this — tearing   the   card   almost   in 
half.     That's  right,  isn't  it  ? 

GLOVER.     That's  right. 

ARBUCKLE*  I  see.  And  then  you  snatched  the 
card  away  from  him? 

GLOVER*    Yes. 

ABUCKLE.  And  he  threatened  you,  didn't  he,  as 
you  took  the  card  ? 

GLOVER.  Yes.  He  swore  at  me  and  said  he'd 
fix  me. 

ARBUCKLE.  And  if  I  remember  correctly,  you 
said  that  he  made  a  quick  pass  for  the  revolver- 
like  this?  Yes? 

GLOVER.    Yes ;  but  it  was  out  of  his  reach. 

ARBUCKLE.  (Up  to  witness  stand)  That  explains 
it  beautifully.  You've  cleared  up  the  point  for  us, 
Mr.  Glover.  We're  greatly  indebted  to  you- 

GLOVER.     Not  at  all.    Is  there  anything  else ! 

ARBUCKLE.  No,  I  think  that's  all.  (GLOVER  Is 
about  to  leave  the  stand.)  Oh,  just  one  moment. 

GLOVER.     Certainly. 

ARBUCKLE.  Mr.  Stenographer,  will  you  read  the 
latter  part  of  Dr.  Morgan's  testimony,  to  Mr. 
Glover  ? 

STENOGRAPHER.  Question,  by  Mr.  Arbuckle: 
"  Now,  Dr.  Morgan,  in  your  opinion,  could  the 
defendant  have  torn  this  card  as  you  see  it  here, 
between  the  time  his  arm  was  broken  and  the  time 
you  arrived  ?  "  Ans. :  "  He  could  not. '  Question  : 
"  You  are  sure  of  this  ?  "  Ans. :  "  Yes ;  the  hand 
was  entirely  paralyzed.  It  would  have  been  a 
physical  impossibility,  assuming  even  that  his 
mental  state  would  have  permitted  it.  The  bones 
haven't  knit  yet.  At  that  time  he  couldn't  ^  have 
moved  the  arm  or  hand  a  fraction  of  an  inch. '' 

ARBUCKLE.  (To  GLOVER)  Glover,  what  did  you 
do  with  that  ten  thousand  dollars? 

GLOVER.     (Panic-stricken)   What  are  you  talking 


ON  TRIAL  89 

about  ?  What  do  you  mean  ?  What  ten  thousand 
dollars  ? 

GRAY.  (Rises  and  goes  down  L.)  Your  Honor, 
I  ask  for  a  warrant  for  the  arrest  of  this  man  as 
an  accomplice  to  the  murder  of  Gerald  Trask- 

GLOVER.  (Springing  to  his  feet)  No,  no,  Your 
Honor,  it  isn't  true!  I  didn't  kill  him!  I  took  the 
money,  but  I  didn't  kill  him!  I'll  tell  you  where 
the  money  is,  I  don't  want  it.  I  don't  want  it !  I'll 
plead  guilty — I'll  go  to  jail,  but  don't  arrest  me  for 
the  murder.  I'll  tell  you  how  it  happened — I'll  tell 
everything.  I  didn't  know  Strickland  was  coming. 
I  planned  the  robbery  that  night.  When  Trask  gave 
me  the  money,  I  put  it  in  the  safe,  but  I  didn't  lock 
the  safe.  I  left  it  open — he  didn't  notice  it.  Then 
I  came  back  to  get  the  money.  I  didn't  know  about 
Strickland — it's  God's  truth! 

Mrs.  Trask  heard  me  come  in,  and  I  choked  her ! 
But  she's  all  right — she's  not  hurt.  That's  not 
murder!  I  got  the  money,  then  I  saw  Strickland 
come  in.  I  didn't  know  he  was  coming.  I  didn't. 
I  swear  I  didn't!  I'm  innocent!  I'm  innocent,  I 
tell  you  !  I  left  the  room.  Then  I  heard  the  shot  and 
came  in.  It  was  the  first  I  knew  of  it.  I'm  innocent, 
I  tell  you !  Send  me  to  jail — give  me  twenty  years 
—I  don't  care,  but  don't  try  me  for  murder.  GRAY 
goes  itp-stage.)  I  tore  the  card  so  they'd  think 
Strickland  planned  the  burglary.  We  weren't  work 
ing  together.  Ask  him !  He'll  tell  you  we  weren't. 
I  didn't  know  he  was  coming.  Ask  him ;  he'll  tell 
you.  (He  crosses  left,  hammers  on  table.)  Strick 
land,  tell  them,  tell  them  we  weren't  working 
together. 

DINSMORE-     Remove  the  man. 

(Tzvo  officers  seize  him  and  drag  him  off  left.) 
GLOVER.     My  God,  your  honor,  I  didn't  kill  him, 


90  ON  TRIAL 

I  took  the  money,  but  I  didn't  kill  him.  Don't  take 
me  away,  my  God  I'm  not  a  murderer,  I  took  the 
money,  etc.,  etc.  ( Until  off) 

(ATTENDANT  slams  door  as  the  three  are  off.) 

DINSMORE.  You  may  resume  your  deliberations, 
gentlemen. 

FOREMAN.    Your  honor,  we  have  agreed  already. 

CLERK.  Robert  Strickland!  (STRICKLAND -rises, 
advances  to  center.)  Prisoner,  look  upon  the  jury ; 
jury,  look  upon  the  prisoner.  Gentlemen  of  the 
jury,  have  you  agreed  upon  a  verdict  ? 

FOREMAN.    We  have. 

CLERK.     And  how  do  you  find,  gentlemen  ? 

FOREMAN.    We  find  the  defendant  NOT  GUILTY  ! 

MAY.    Robert !     (Falls  into  his  arm's) 

Curtain. 


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